The person granting the enduring power of attorney ("the Principal") must:
1️⃣ Be 18 years of age or over; and
2️⃣ Have decision-making capacity in relation to making the enduring power of attorney.
The term decision-making capacity is defined in section 4 of the Powers of Attorney Act 2014 (VIC).
A person has the capacity to make a decision as to a matter if the person is able to -
➲ Understand the information relevant to the decision and the effect of the decision;
➲ Retain that information to the extent necessary to make the decision;
➲ Use or weigh that information as part of the process of making the decision; and
➲ Communicate the decision and the person's views and needs as to the decision in some way, including by speech, gestures or other means.
The legislation governing instruments creating enduring powers of attorney in Victoria is:
➲ The Powers of Attorney Act 2014 (VIC); and
➲ The Powers of Attorney Regulations 2015 (VIC).
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