A Vic Enduring POA is a legal document in the State of Victoria. It allows you to appoint a person to make decisions about your assets. The VIC EPA deals with your assets e.g. real estate and bank accounts
The Victorian POA is an “economic” document. Your POA in Victoria does not deal with your health, medical treatment or lifestyle. To do this, instead, build a Vic Medical POA on our website. Also, the person receiving your Victorian POA cannot:
* vote in any elections
* make a Will
* sign another Victorian EPA
* act as a Trustee
* control your body (you need a Power of Guardianship instead)
However, the person getting your Victorian Enduring POA, can open and close bank accounts, pay debts, and buy and sell land. This is provided it is in your ‘best interests’ to do so.
Here are some examples:
The persons you appoint walk into the bank and present to the bank clerk with your Savings Account book and your Victorian EPA. The clerk stares blankly at them. He sees his bank manager. The manager explains to the clerk that those persons “now stand in your shoes”. They can do whatever you could do with the bank account. The manager asks to take a copy of the Vic Power of Attorney for future reference. The bank manager tries to keep the original Victorian POA but the persons you nominate decline and get back the Vic POA. The transaction on the Savings account takes place.
You tell the persons that you nominated, to sign a lease agreement. You are on holidays overseas and email is unavailable. Your attorney contacts the landlord. They:
1. tell the landlord that there is a Victorian Enduring POA
2. tell the landlord that they are signing the lease on your behalf
3. they sign in their usual signature area and write under the signatures “signed as attorney for *your name* under a VIC POA dated ## Month, year”.
You are now bound to the lease. The landlord may photocopy the VIC EPA to attach to the lease.
For legal advice telephone us. We are a law firm. We can help you answer the questions as you build your POA.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide law firm
Mobile: 0477 796 959 Victorian EPOA
National: 1800 141 612 Vict orian EPOA, Victorian EPOA
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