Make or check a power / Make a power of attorney

Make an enduring power of attorney with a lawyer

Making the document with a power of attorney lawyer starts with a meeting. We explain the choices, draft the document to fit your situation and see it signed and witnessed correctly. This is for Victorian powers of attorney.

Send instructions

1800 776 529

Fixed fee: $495 including GST, or $880 for a couple

On this page: What we cover in the meeting Signing Signing by video link If you cannot sign What to bring Questions The law Enquire

Power of attorney lawyer: in short

One meeting is usually enough, at our Frankston office or at your home if you live nearby. [CHECK: the area for home visits, for example Frankston and the Mornington Peninsula.]
We act for you, the person making the power, and take instructions from you alone.
We witness as the lawyer witness and arrange the second witness. [CHECK: who the second witness is at the Frankston office and on a video signing.]
Your attorneys sign their acceptance at the meeting or later.
Fixed fee: $495 including GST for one person, $880 for a couple. A home visit nearby adds $440.

What a power of attorney lawyer covers in the meeting

What you want the power to do

Financial matters, personal matters, or both, or only specified matters.

Who to appoint

One attorney or several, and how they act: jointly, severally, jointly and severally, or by majority. If the form does not say, they must act jointly. Alternative attorneys in case one cannot act.

When it starts

Now, on loss of capacity, or on another event.

Conditions and instructions

. For example: no sale of the home without a second signature; accounts to be shown to a named person each year; who must be told when the attorney starts acting.

Conflicts, gifts and payment

Whether your attorney may enter transactions where they have an interest, provide for your dependants or be paid.

Your capacity

We must be satisfied you understand what you are signing. See Capacity.

A fountain pen and ink beside sheets of paper

Signing with a power of attorney lawyer

You sign in front of two witnesses, who sign and date in front of you and each other. Neither witness can be your attorney, a relative of yours or of an attorney, or your care worker or accommodation provider. Each witness certifies that you appeared to sign freely and voluntarily and appeared to have decision making capacity.

Signing by video link

The Act allows a remote witnessing procedure by audio visual link. Everything must happen on the same day and within Victoria, and one witness must be a special witness, such as an Australian legal practitioner, who signs last and certifies that the procedure was followed. We offer this where you are in Victoria and cannot come to the office. [CHECK: how the document is sent between the signers on the day.]

If you cannot sign

Another adult may sign for you at your direction and in your presence. That person cannot be a witness or an attorney.

What to bring

Photo identification; the full names and addresses of the people you want to appoint; any earlier power of attorney; a list of what you own in broad terms. [CHECK: our identity requirements.]

Power of attorney lawyer: common questions

Have another question? Phone 1800 776 529 or send us a message.

Do my attorneys need to come?

No. Each attorney signs a statement of acceptance, witnessed by an adult, before the power is effective for that attorney.

Does a new power cancel my old one?

Yes, unless the new one says otherwise.

Can my attorney be my carer?

Not a paid care worker, a health provider or an accommodation provider for you. A family member who receives a carer payment is not a “care worker” for this purpose.

Next step

Tell us who you would like to appoint and when you can meet. Send instructions or call 1800 776 529.

Power of attorney lawyer: the law

Powers of Attorney Act 2014 (Vic) ss 3, 5A, 5B, 22, 24, 28, 30, 31, 33 to 37, 39, 40, 55, 64, 65, 68, 70.

Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.

Power of attorney lawyer: send us an enquiry

We reply within one business day.

To send documents, use the Send instructions form. If something is about to happen in the next few days, such as a sale or a hearing, please also call us.

Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)

We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]