Power of Attorney for Incapacitated Individual

To obtain power of attorney in Victoria for someone with vascular dementia, it is necessary to confirm that the person still has the capacity to appoint an attorney. If they do, they can create an Enduring Power of Attorney which remains effective even if they later lose such capacity. Consulting with a solicitor is advisable to ensure the document is correctly drafted per the Powers of Attorney Act 2014 (Vic). If the individual lacks capacity, an application to the Victorian Civil and Administrative Tribunal (VCAT) for the appointment of an administrator or guardian may be required.

In Victoria, there are three main types of power of attorney: General Power of Attorney, Enduring Power of Attorney, and Medical Treatment Decision Maker. Given the diagnosis of vascular dementia, an Enduring Power of Attorney is most suitable as it remains valid even if the individual loses capacity, allowing for management of both financial and legal matters.

To obtain power of attorney for an incapacitated individual in Victoria, first assess if they can understand and sign the document. If they cannot, an application to VCAT for an administration or guardianship order will be necessary. This process involves submitting an application with relevant documents, attending a hearing, and potentially appointing a guardian or administrator.

To establish power of attorney for the individual in Victoria, an Enduring Power of Attorney form must be prepared and signed, requiring the consent of the individual if they possess the capacity. The signature must be witnessed by two persons, including an authorized individual as per the Powers of Attorney Act 2014.

As an attorney under a power of attorney in Victoria, one's responsibilities include making decisions in the best interest of the individual, managing their financial affairs, and ensuring their welfare. Ethical considerations include acting honestly and diligently while adhering to any known prior instructions of the individual.