VIC Supportive Power of Attorney

Create this legal Document

Contact us to create this legal document.

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

Self Service

Self Service is not yet available for this document.

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

A$

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

A$

Lawyer Assisted

Lawyer Assisted is not yet available for this document.

Full Service

We create a bespoke document based on
your instructions.

From:

A$

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Thank you! Your message has been received!
Oops! Please check your details and try again.
No items found.

In Victoria there are three types of Power of Attorney:

1️⃣  General (Non-Enduring) Power of Attorney [publicly available for free ➲ download here];

2️⃣  Enduring Power of Attorney; and

3️⃣  Supportive Power of Attorney.

What is a Supporting Power of Attorney [SPOA]?

Under the new Powers of Attorney Act 2014 (Vic), a person (which includes a child) who has decision-making capacity can appoint an Attorney to support them in making decisions (called a “Supportive Power of Attorney”).

The Supportive Power of Attorney can be limited to assisting with financial or personal matters or both, or for a specific purpose.

It is different to the General Power of Attorney because a Supportive Power of Attorney cannot make decisions on your behalf.

Once you lose decision-making capacity, the power automatically ends.

The types of help the Attorney can provide are determined by you (the Principal) and include one or a combination of:

1️⃣  Communication Powers ➲ these enable your attorney to communicate with organisations, such as banks and supplier companies on your behalf;
2️⃣  Information-Gathering Powers ➲ these enable your attorney to access information or assist you to access information that is relevant to the decision(s) they are helping you make; and
3️⃣  Power to Give Effect to Decisions ➲ these powers include anything that is reasonable to make sure your decisions are carried out in accordance with your wishes.

Important: Supportive Powers of Attorney cannot (even with your consent):

➲ Assist you in real estate transactions, or
➲ Assist you to enter into a financial transaction over $10,000.

Attorneys who assist you in these ways are breaking the law and can face criminal charges and financial penalties.

A person appointed as Supportive Attorney to assist with financial decisions must not be insolvent and must disclose to you any convictions of an offence involving dishonesty.

How is a Supporting Attorney appointed?

To appoint one Supportive Attorney, you can use the Short-form [publicly available for free ➲ download here]; or

to appoint more than one Supportive Attorney you can use the Long-form [publicly available for free ➲ download here].

Both a General Power of Attorney + Supportive Power of Attorney automatically cease if you lose your decision-making capacity after their execution.

If you want the Power of Attorney to continue after you lose your decision-making capacity you must use an Enduring Power of Attorney.

Who can you appoint as your Supportive Attorney/s?

You need to consider that a Supportive Attorney will have enormous influence over your financial + legal affairs.

You can appoint anyone who will agree to take on the responsibility.

You should choose a person whom you can trust and who will help you manage your finances in a responsible way.

Usually one or more family members or close friends are appointed as Supportive Powers of Attorney, alternatively you may prefer to approach the States Trustees VIC or a private trustee company or lawyer to act as your Supportive Attorneys, but fees will apply.

Does a lawyer need to be involved in witnessing my SPOA?

No. In Victoria, you must use the prescribed SPOA form and sign in the presence of two independent witnesses, one of whom must be a person authorised by law to take statutory declarations. Neither witnesses can be the person(s) appointed as your Supportive Attorney or related to those persons or related to you.

If you are unable to sign the SPOA because you are physically unable to do so, you can direct another person to complete and sign the SPOA for you (this person cannot be a witness).

The other person must sign on your behalf in front of you and two witnesses, who must also sign the SPOA.

Witnesses to a Supportive Attorney must state that you appeared to sign freely and voluntarily in their presence and that you appeared to have capacity to understand your decision.

The person(s) you appoint as Supportive Attorneys must accept the appointment by signing the prescribed forms in the presence of two independent witnesses.

You may set whatever conditions and limitations on your Attorney that you choose.

An Attorney must always act in your best interest.

Who can grant a SPOA?

In order to be able to grant a Supportive Power of Attorney, you must:

1️⃣ Be a person (which includes a child); and

2️⃣ Have decision-making capacity in relation to making the Supportive Power of Attorney.

Decision Making Capacity

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.

Do I need to get legal advice before I sign my SPOA?

No. A Supportive Power of Attorney does not involve you giving away your decision-making power.

Therefore, legal advice is optional before you sign it.

Do I have to register my Supportive Power of Attorney?

No, registration is not required.

GPOA/SPOA v. EPOA

After you have signed a Power of Attorney you still continue to have the authority to deal with your own legal + financial affairs as long as you retain decision-making capacity.

It is at the point of time when you lose your decision-making capacity where the crucial difference between the three types of Power of Attorney becomes apparent.

Important: Once you have lost your decision-making capacity you have no ability to create another Power of Attorney or any other legal document.

The question of decision-making capacity is a complex one.

Once decision-making capacity is lost there is still potential it might return, but it is also possible it may not.

In an abundance of caution ➲ EPOA + Advance Care Directive / Medical Treatment Decision Maker / Support Person etc. are all strongly recommended

We recommended that as part of your Estate Planning process, both an EPOA + an Advance Care Directive / Medical Treatment Decision Maker / Support Person

Various permutations of these documents are available and the appropriate form will depend upon your individual circumstances and preferences.

Ideally you will conduct your Estate Planning at a time when there is no question regarding your decision-making capacity.

This ensures that in case of something unforeseen happening to you ➲ i.e., a stroke or accident; there will be at least one other person who can quickly + easily look after your money + property.

If not already in place, an Enduring Power of Attorney + other Estate Planning documents can be organised as soon as possible after signs/diagnosis of dementia (this is strongly advised).

What happens if you lose decision-making capacity + you don't have an EPOA?

A special application for administration orders would need to be made to the VIC Civil + Administrative Tribunal [VCAT] to appoint someone as your administrator.

Note: Fees will apply which will be paid on your behalf using your money. As you would have lost your decision-making capacity you would not be able to do this yourself and would have no control over the process or who is appointed.

Revocation of Supportive Power of Attorney

If your Supportive Attorney does not follow your directions or does not act in your best interest, you should revoke the Supportive Power of Attorney.

You or someone on your behalf must take reasonable steps to inform the Supportive Attorney of the revocation, preferably in writing.

The Supportive Attorney must then immediately cease to act as your Supportive Attorney.

Important: Ask your Attorney to return the Supportive Power of Attorney document to make sure that they do not continue to act as your Supportive Attorney.

If anyone else, such as a bank, has been advised about the Supportive Power of Attorney, that person or entity should also be informed of the revocation.

Note: In Victoria, making a new Supportive Power of Attorney (unless specified otherwise) automatically revokes an earlier Supportive Power of Attorney.

You can also formally revoke your Supportive Power of Attorney by completing the Revocation of Supportive Power of Attorney form.

In order to formally revoke your Supportive Power of Attorney you must sign the revocation form in front of one witness authorised by law to witness statutory declarations.

The witness must also not be:

➲ A relative of yours;

➲ A relative of the SupportiveAttorney under the appointment;

➲ A care worker or an accommodation provider to you;

➲ A person signing at your direction; or

➲ A Supportive Attorney under the appointment.

Enabling VIC Legislation

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).

Optional Extras:

➲ 💡 Trax Print Fraud + Litigation Prevention Technology $22.

Safe Storage: 

🔒  The Victorian Will + Power of Attorney Registry
[Anyone in Victoria can register information about where they keep their Will + Power of Attorney documents at no charge. There is also the option to physically store originals for free].

Free Downloadable Booklet provided by the Office of the Public Advocate VIC:

➲  Side by Side: A guide for people wanting support to make decisions

Social Sharing Image: Courtesy of AbsolutVision on Unsplash

Test your knowledge and get a discount for this document: take the .

Enter the code WHen you pay full price to Purchase one of the following Self Service documents:

No items found.

Re-Enter the code at checkout each time you buy the following documents to get a discount:

No items found.

Resources

What clients say

swipe left or right to view more testimonials
The self serve resources on the website that they offer also gave me a chance to do a bit of my own research and calm my nerves at 3am. The free legal health check was great! There`s a lot of things in my business that I didn`t realize needed attention. Saved me a bit of cash having to consult a commercial lawyer asking basic questions.

Stefan Kent | NSW Conveyancing Matter [More.]

,

FirmChecker

21

Jul 2021

Positive: Professionalism, Responsiveness. I'm one of those nightmare clients that know enough about the law to get themselves into trouble. The restraint and patience that they showed throughout the process; taking the time to explain things I overlooked or didn't understand is one of the best parts of the experience.

Stefan Kent | NSW Conveyancing Matter

20

Jul 2021

I had called a few people to help me with conveyancing and every single one were either impatient, humourless, or uninterested. Speaking with James on the phone felt like I was catching up with a mate and served to calm the nerves that came with my first property purchase. Look forward to working with them again!

Stefan Kent | NSW Conveyancing Matter [Cont.]

,

Google

20

Jul 2021

James is very kind and helpful. He is also a very experienced and informative lawyer you can rely on.

T Z

25

May 2021

Positive: Professionalism, Quality, Responsiveness, Value. "Best of the best service! James is so kind and really likes to help. Very professional and knowledgeable too!"

Yan Zheng

10

Jul 2020

An up and coming, innovative firm that does things differently. Blue Ocean takes an interdisciplinary approach to its personal + commercial law practice to ensure you’re getting what you + your company needs. It has a growing list of automated 24/7 legal documents with Embedded Lawyer-Logic™ …

Blue Ocean Law Group ➲ Best Law Firms in Sydney CBD

1

Jul 2020

Positive: Responsiveness. "Insightful and adaptive legal service. Exceptional communication and collaborative working style - highly recommended."

Emily Stevens

14

Jun 2020

Positive: Professionalism, Quality, Responsiveness, Value. "The service from James Ford at Blue Ocean Law Group has been excellent. Very reassuring."

John Terry

2

Jun 2020

Professional knowledgeable. "The lawyer is really trying to understand the situation and give me the best advice for every possible way to protect my rights. The lawyer also gives advice on things I didn't request initially but definitely need in the future."

Amanda Xu

27

May 2020

What is a Free Legal Health Check and why is this the best place to start?

What is a Free Legal Health Check? ✅

Our Legal Health Check is a process that helps you identify + prioritise your individual + business (if relevant) legal needs.

How does it work?

1️⃣ Complete our Intelligent Questionnaire:

You will be asked to provide information about your personal and/or business circumstances;

2️⃣ Automated Report:

The process uses inbuilt Embedded Lawyer-Logic™ to help you identify key legal risks + concerns and prioritise solutions.

A customised (jargon-free) report is generated in plain english with actionable recommendations.

3️⃣ Deliver Solutions:

You can then consider the information in your own time, and when convenient, select the most appropriate self-service legal documents from our online 24/7 portal or reach out to our legal team to discuss your options in more detail.

What does it cover?

🧩 Estate planning;

🧩 Marriage and de facto relationships;

🧩 Tax structuring;

🧩 Dispute avoidance/resolution;

🧩 Investment properties;

🧩 Business sale/purchase;

🧩 Business financing;

🧩 Co-ownership arrangements;

🧩 Managing staff;

🧩 Commercial terms;

🧩 Websites and intellectual property;

🧩 Regulatory compliance.

Why go through this process?

This is an amazing way to quickly + proactively identify legal risks + opportunities to get your legal affairs in order!

Achieve Zen-like “peace of mind” knowing your legal affairs are in order

Our Buccaneer Package is designed for individuals + includes our constantly expanding library of [Self-Service] personal legal documents.

It is compelling value with pricing at less than $1 per day which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your legal bills!

Our Yachtsman Package designed for business owners includes our constantly expanding library of [Self-Service] personal + business legal documents.

It is compelling value with pricing at circa $3.50 per day [equivalent to the price of a cup of tea or coffee!] which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your personal + business legal spend!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

More than 1000+ Australian Lawyers use Embedded Lawyer-Logic. How does it work?

More than 1000+ Australian lawyers use this industry leading automated legal document generation solution. It uses Embedded Lawyer-Logic™ designed by leading lawyers in their respective fields.

Step 1️⃣: Information Gathering

Our intelligent online questionnaire adapts to your answers and only asks relevant questions.

Simply follow the guidance and enter the requested information about your matter.

Step 2️⃣: Document Assembly

The information is then sent to our back-end legal document generation engine, which follows a matrix of algorithms to make decisions about what should be in your legal document, just as an expert human lawyer would do.

The engine then draws from an enormous body of content to assemble a top-tier quality legal document that’s tailored to your situation + requirements.

Our Embedded Lawyer-Logic™ technology includes numerous quality control checks + automatic error-correction, massively reducing the risk of human error.

Step 3️⃣: Document Delivery

The finished document is then emailed to you in PDF format, ready to print and sign.

Optional: Lawyer Review/Assistance

Your answers to the online questionnaire and a copy of the finished document in both Word + PDF formats are automatically forwarded to our legal team.

If we notice anything out of-the-ordinary we will contact you to discuss.

If you are a subscribed member or opt for paid Lawyer-Assistance, we will use the allocated time to assist to clarify and resolve any questions you may have.

Optional: Full Service

If your matter is complex, high risk or you have never been involved in legal matters before, we highly recommend you opt for our Full Service.

Our legal team will contact you and assist you throughout the entire process.

If you are a subscribed member the cost for the time spent by our legal team to assist you is heavily discounted.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

When should I reach out to speak to your legal team?

Our [Self-Service] legal documents are designed to be completed "without the intervention of a lawyer".

This approach will be appropriate for the majority of routine legal matters, where you are experienced and have learnt what needs to be considered and have gained experience in using our 24/7 online document portal to generate your legal documents instantly.

Some routine matters maybe totally new to you (meaning that you will have questions and we recommend you select our [Lawyer-Assisted] service).

Other matters maybe unusually complex, or of such high-value or risk that involving our legal team is the prudent course to take.

For these matters we recommend you select our [Full Service] option.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Is the Legal Documents Portal Secure? Does it use encryption to protect my personal information?

Our website + back-end system use the best possible web-based security available.

It was once said:

It would take the combined processing power of every computer in the world thousands of years to crack 4096-bit encryption.

In a more general context (outside of encrypted secure website traffic/data) it has also been said:

Data with 4096-bit encryption (only protected by a password) could still be compromised within seconds.
How? Human error.
Easy pass-phrase, written down password, re-used password... etc. basically, always be on the lookout for the weakest link.
Trust the technology, but never trust the weak link - the user!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

What extras does an upgrade to Lawyer-Assisted Service include?

Your upgrade to our [Lawyer-Assisted] Service includes …

⚖️ Professional Indemnity (Limited Liability) by a scheme approved under Professional Standards Legislation;

⚖️ Access to Professional Fee Funding* / Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee our external legal finance provider);

✅ Allocated Time included to understand your circumstances + objectives, answer your queries + provide legal advice & make recommendations regarding alternative/additional options; and

✅ Create your standardised Legal Document based on your instructions.

Plus [+] Where Appropriate (at no additional charge)

⚖️ Use of proprietary fonts to maximise fraud prevention;

⚖️ Use of our Law Firm Letterhead;

➲  Send your Legal Document for electronic signature/s using AdobeSign; and/or

🔒 Application of TraxPrint Fraud + Litigation Prevention Technology.

* More Information about Professional Fee Funding:

Our firm has partnered with QuickFee and Splitit to provide you with an interest free payment option. While we remain your service provider, the payment method is provided by QuickFee, a specialist payments provider for professional firms.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Why does Blue Ocean Law Group℠ use a *.law website domain?

What is a *.law web domain?

⚖️ *.law is a top-level-domain (TLD) that aims to:

Promote trust in the professional legal community by creating a:

✅ Verified;

✅ Exclusive; and

✅ Reserved online space in which only accredited lawyers and law firms can establish a comprehensive digital brand.

✅ Website users can have confidence they are dealing with an authorised and licensed lawyer/law firm.

✅ *.law offers effective branding to those in the legal community, with the ability to secure a domain name that clearly communicates who you are + the legal resources you provide.

All about *.law domain names

Source: join.law - Why *.law?

No items found.