Why is power of attorney in Australia important?

Who will make decisions for us if we become seriously ill or injured and can’t make them for ourselves? It’s not something any of us like to think about; however, it is an essential consideration—especially as we age.

An enduring power of attorney is a legal document that lets you choose someone to make decisions for you. These could be financial or personal decisions.

For example, a power of attorney may be able to pay bills on your behalf or decide where you live.

The power starts when you can’t make decisions for yourself, such as due to illness or injury.

When selecting a power of attorney, you should choose someone who understands what is important to you and is able to act on your wishes.

To appoint a power of attorney, you must have decision-making capacity.

What is decision-making capacity?

A person is able to make decisions if they can:

• Understand the information about the power of attorney and what their decision will mean
• Retain the information necessary to make the decision
• Use that information in the process of making the decision, and
• Communicate their decision, their view and their needs in some way (verbal, gestures or other means).

What happens if you don’t have a power of attorney?

If you become seriously ill or unable to make decisions and don’t have a power of attorney in place, a government authority may choose someone to make decisions for you. For example, in Victoria, the Victorian Civil and Administrative Tribunal (VCAT) might appoint the Office of the Public Advocate or a trustee company to act on your behalf.

How to create a power of attorney

The process of creating a power of attorney varies in each state of Australia. However, in all states, you must be aged over 18, and understand what it means to give someone this power. As the legal forms can be complex, many states recommend seeking legal advice when preparing power of attorney documents.

Can a power of attorney make medical decisions?

A power of attorney can’t make medical decisions for you unless they’re also appointed as your medical treatment decision maker.

If you don’t choose a medical decision maker, the role will go to the first suitable person from the list below.

• Patient’s spouse or domestic partner
• The patient’s primary carer (cannot be a paid service provider)
• An adult child of the patient
• A parent of the patient
• An adult sibling of the patient

You can also write an advance care directive to outline the kind of medical care you would like in the future. For example, you can state that you don’t want to be resuscitated if you have a heart attack or stroke This helps in emergencies when your loved ones may not be sure what decisions you’d want them to make.

Looking to make a difference in aged care?

Whether you’re new to the aged care industry or continuing a long career in the field, it’s important to present yourself professionally. At Aged Care Resumes, we specialise in helping aged care professionals take the next step in their careers with tailored aged care resume writing and Professional LinkedIn profile writing

If you’re based in Victoria, our Melbourne Resume Writers team offers the same expert support with a local focus—ensuring your resume stands out in a competitive healthcare market.

This article is for general informational purposes only and does not constitute legal advice. Laws regarding powers of attorney can vary depending on your location and personal circumstances. Always seek advice from a qualified legal professional before making important legal decisions.

Article References

Aged Care Access (n.d) ‘Enduring power of attorney’, Aged Care Access, accessed 1 July 2025.

Office Of The Public Advocate (n.d) ‘Making an enduring power of attorney’, Office Of The Public Advocate, accessed 1 July 2025.