Powers of Attorney & Elder Law

Powers of Attorney & Elder Law

Enduring powers of attorney, medical decision-making, capacity, guardianship, administration and elder-risk advice — carefully drafted, and defended when needed.

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Powers of Attorney & Elder Law

Signals the private-client focus of the powers-of-attorney and elder-law practice.

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Why powers of attorney and elder-law advice matter.

Powers of attorney are among the most consequential documents a person ever signs. They authorise another person to deal with money, property and personal decisions — sometimes indefinitely, sometimes at a moment of great vulnerability. Drafting them casually, or leaving the appointment until capacity is already in question, closes off the choices the principal would have made for themselves.

Elder-law work sits at the intersection of powers of attorney, medical decision-making, capacity, family dynamics and estate planning. It is rarely just a document exercise. Getting it right usually means talking through who should be appointed, what authority they should have, how disagreements are to be handled and how the appointment fits with the Will, superannuation nominations and any business or trust structure.

Our role is to draft the instruments that will work when they are needed, to advise families through the harder conversations, and to represent people at VCAT when a dispute cannot be resolved privately.

Why choose Parke Lawyers.

A long-established private-client team with day-to-day VCAT and elder-law experience across metropolitan Melbourne.

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Private-client team at work

Reinforces the credentials-heavy 'why choose' section.

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  • Integrated with estate planning

    Powers of attorney sit alongside the Will, superannuation nominations and business succession — we draft the whole plan, not one document.

  • VCAT experience

    Regular appearances in the VCAT Guardianship List for guardianship, administration and attorney-conduct matters.

  • Careful, non-alarmist approach

    Elder-risk work is calibrated to the family situation. We escalate only when protection genuinely requires it.

  • Melbourne CBD & Ringwood offices

    In-person appointments at 480 Collins Street and in Ringwood; home and residential-care visits available.

  • Coordinated with other advisers

    We work alongside accountants, financial advisers, GPs and social workers where the situation calls for it.

  • Private-fee basis

    Fixed-fee document work where the scope allows; disputes and VCAT work quoted at the outset.

Our powers-of-attorney and elder-law services.

From straightforward appointments through to VCAT disputes and elder-risk advice.

Enduring powers of attorney

Careful drafting of financial and personal enduring appointments — including limitations, conditions, staged commencement and co-appointment structures — so the authority given matches the principal's intent.

  • Financial and personal enduring appointments under the Powers of Attorney Act 2014 (Vic)
  • Joint, several and majority co-attorney structures
  • Conditions, limitations and staged commencement
  • Interstate and international considerations

Medical treatment decision-making

Medical Treatment Decision Maker appointments and advance care directives under the Medical Treatment Planning and Decisions Act 2016 (Vic) — coordinated with the wider estate plan.

  • Medical Treatment Decision Maker appointments
  • Values directives and instructional directives
  • Coordination with treating practitioners and family
  • Review after a change in health or diagnosis

Supportive attorney appointments

Supportive-attorney documentation for principals who retain decision-making capacity but need practical assistance. Suitable for early-stage cognitive decline, disability and communication support.

  • Supportive attorney appointments (financial and personal)
  • Scope drafting and family communication
  • Interaction with existing enduring appointments

Capacity, guardianship & administration

Advice and representation where capacity is uncertain or has been lost — including VCAT guardianship and administration applications, reviews and renewals.

  • Capacity assessments and legal opinions
  • VCAT guardianship applications (personal decisions)
  • VCAT administration applications (financial decisions)
  • Reviews, renewals and reassessments

Attorney, administrator & guardian disputes

Representation where attorneys, administrators or guardians are alleged to have acted improperly, or where family members disagree about decisions being made for a vulnerable person.

  • Requiring accounts from an attorney or administrator
  • Removal and replacement applications at VCAT
  • Financial abuse and compensation applications
  • Disputes between co-attorneys or family members

Elder-risk and family conflict advice

Careful, non-alarmist advice where an older or vulnerable person is exposed to financial pressure, coercion or undue influence — and where the family needs a considered legal response.

  • Elder financial risk reviews
  • Undue-influence and coercion concerns
  • Revocation, resignation and replacement of attorneys
  • Coordination with Wills, superannuation and estate plans

Who we help.

The situations in which people most often need powers-of-attorney and elder-law advice.

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Family decision-making

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You want to appoint an attorney before something happens

Enduring powers of attorney should be signed while capacity is not in question — well before they are needed.

A parent has been diagnosed with dementia or is declining

We advise on timing, capacity and the appropriate appointment while decision-making is still possible.

Capacity has already been lost with no valid appointment

We advise on VCAT guardianship or administration as the pathway to lawful decision-making.

An attorney is refusing to account or acting improperly

We advise on requiring accounts, removing the attorney and, where appropriate, compensation.

The family disagrees about care or financial decisions

We advise on the attorney's scope of authority and, where necessary, VCAT determination of the dispute.

An older person is under financial pressure or influence

We advise on protective steps proportionate to the risk — from documenting arrangements through to VCAT intervention.

Common issues we advise on.

Practical topics drawn from our day-to-day powers-of-attorney and elder-law work.

Enduring powers of attorney

Drafting, review and update of enduring financial and personal appointments in Victoria.

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Common EPA mistakes

The recurring drafting and execution errors that undermine an enduring appointment when it is needed.

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Supportive attorney appointments

How supportive-attorney appointments work and when they are the right instrument.

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Guardianship & administration at VCAT

The application process where no valid appointment exists or where an existing arrangement is failing.

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Revoking an enduring power of attorney

How and when a principal can revoke an enduring appointment, and what to do if capacity is in doubt.

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Attorney abuse & elder financial risk

Warning signs, protective steps and legal remedies where an attorney is misusing their authority.

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Frequently asked questions.

Plain-English answers to the questions we are asked most often by Melbourne clients.

What is an enduring power of attorney?
An enduring power of attorney is a formal appointment under the Powers of Attorney Act 2014 (Vic) that authorises a trusted person (or people) to make financial and/or personal decisions on your behalf. Unlike a general power of attorney, an enduring appointment continues to operate if you later lose capacity — which is precisely when it matters most.
How is medical treatment decision-making handled in Victoria?
Medical treatment decisions are governed by the Medical Treatment Planning and Decisions Act 2016 (Vic). You can appoint a Medical Treatment Decision Maker to consent to or refuse treatment on your behalf and make an advance care directive recording your values and specific instructions for future medical care.
What is a supportive attorney appointment?
A supportive attorney is a Victorian appointment for people who retain decision-making capacity but need help gathering information, communicating decisions or giving effect to them. The supportive attorney does not make decisions for the principal; the principal remains the decision-maker.
What happens if a person loses capacity without a valid power of attorney?
If no valid appointment exists, family members or other interested people generally need to apply to VCAT for guardianship (personal decisions) or administration (financial decisions). VCAT applications are more public, slower and more expensive than a well-drafted enduring power of attorney signed while capacity is not in doubt.
Can a power of attorney be revoked?
Yes. A principal with capacity can revoke an enduring power of attorney at any time by executing a valid instrument of revocation and notifying the attorney and third parties who rely on the appointment. Where capacity is in question, revocation may not be effective and VCAT intervention may be required.
What can be done about a suspected misuse by an attorney?
Where an attorney is suspected of misusing their authority — for example, mixing funds, making improper gifts or acting against the principal's interests — VCAT has power to require accounts, remove the attorney and order compensation. Serious matters may also involve the Public Advocate or the police. We advise families on early, proportionate steps that protect the person at risk without unnecessary escalation.
Does Parke Lawyers act on a private-fee basis?
Yes. Parke Lawyers acts on a private-fee basis and does not currently accept matters funded by Legal Aid. We are happy to discuss the likely scope and fee structure at the outset — many powers-of-attorney matters can be handled on a fixed-fee basis, and disputes are quoted separately.

Related Information Centre articles.

In-depth, plain-English reading from our Information Centre.

View all articles →

Supportive Attorneys in Victoria: How the Appointment Works

A practical Victorian guide to appointing a supportive attorney under the Powers of Attorney Act 2014 (Vic) — what a supportive attorney can and cannot do, how it differs from an enduring power of attorney, capacity requirements, the correct form and witnessing, decision-support rather than substitute decision-making, third-party recognition, revocation and safeguards against abuse.

26 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Guardianship and Administration Applications at VCAT in Victoria

A practical Victorian guide to applications at VCAT for guardianship, administration, supportive guardianship and supportive administration orders under the Guardianship and Administration Act 2019 — decision-making capacity, less restrictive alternatives, will and preferences, evidence, hearings, the powers and duties of appointees and how orders are reassessed, varied or cancelled.

38 min readReviewed by JULIAN McINTYRE, Associate
Read article →

Powers of Attorney & Elder Law

Get powers of attorney in place before you need them.

Book a consultation with our private-client team to discuss enduring powers of attorney, medical decision-making, capacity or an elder-law dispute. Melbourne CBD and Ringwood; home and residential-care visits available.