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Future Planning

Future planning for decision-making and the law in Victoria (PDF). A resource for lawyers who practise in future planning: Office of the Public Advocate and Law Institute of Victoria. 

On Capacity

The LIV Capacity Guidelines and Toolkit (Concise edition updated November 2020)

The Capacity Guidelines and Toolkit (the Toolkit) is an essential guide for all practitioners in their daily practice. The Toolkit provides practical, useful and concise information about what to do when a client’s capacity is in doubt, the requisite capacity standard for different types of legal transactions and the powers and functions of substitute decision makers. The Concise edition of the Toolkit was amended in November 2020 to reflect new medical treatment, voluntary assisted dying, and guardianship and administration laws in Victoria, and can be downloaded here (PDF).

> The full version (dated 2018) remains available to purchase online and provides in-depth information about many of the ethical issues relating to capacity and includes a full resource index, which practitioners can refer to for further information. The LIV will undertake to update the full version in due course.

The Law Society of New South Wales

When a client's capacity is in doubt - A Practical Guide for Solicitors

The Queensland Law Society

Queensland Handbook for Practitioners on Legal Capacity

Guardianship and Administration Bill 2018

The Guardianship and Administration Bill 2018 is currently before the Victorian Parliament.
If passed, the Act is scheduled to commence on 1 March 2020.
Further updates and resources will be uploaded soon.

Voluntary Assisted Dying Act 2017

The Voluntary Assisted Dying Act 2017 (Vic) will commence on 19 June 2019.
Further updates and resources will be uploaded soon.

Medical Treatment Planning and Decisions Act 2016

View information here.

Powers of Attorney

The Powers of Attorney Act 2014 (Vic)

The Act came into force on 1 September 2015, bringing with it some drastic changes to substitute decision making in Victoria. The Act abolished enduring powers of attorney (guardianship) and replaced them with enduring powers of attorney (financial and or/personal). Appointing a medical agent under an enduring power of attorney medical treatment remains unchanged, governed by the Medical Treatment Act 1988 (Vic).
The new Act makes Victoria Australia’s first jurisdiction to legislate for supported decision making through the appointment of a supportive power of attorney.
New offences have been created under the Act, which apply to old and new powers of attorney where the contravening act(s) occurred on or after 1 September 2015. Contraventions by an attorney are compensable under the Act, even following the death of the Principal.

Office of the Public Advocate

The Office of the Public Advocate (OPA) website contains a wealth of information on powers of attorney, including information for principals, attorneys and witnesses and appointment forms.

OPA also have an advice service, staffed Monday to Friday, 9am–4.45pm, at 1300 309 337.