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Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

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Maddocks advises one of the world’s largest duty free companies on Australian market entry January 23, 2019

Law firm Maddocks has advised global duty free company Lotte Duty Free Singapore Pte Ltd, on the aquisition of Australian duty free company JR Duty Free. Under the deal, Lotte Duty Free aquired 100% of … Continued

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Bully no more – Fair Work Commission’s jurisdiction to hear Council anti-bullying application confirmed January 31, 2019

The Fair Work Commission has confirmed a Victorian local council is a ‘constitutionally-covered business’ and thus falls within the stop bullying jurisdiction of the Commission. The decision will have implications for larger Victorian councils regarding … Continued

The new Powers of Attorney in Victoria

On 1 September 2015, the Powers of Attorney Act 2014 (Vic) came into effect, changing the way Victorians create and execute Enduring Power of Attorney documents.

The president of the Victorian Civil and Administrative Tribunal, Greg Garde (in an address at the Law Institute of Victoria on 31 August 2015) noted the Powers of Attorney Act 2014 (Vic) signifies one of the most significant pieces of legislative change in Victoria this decade.

As of 1 September 2015, Victorians will no longer be able to create:

  • an Enduring Guardian Appointment
  • an Enduring Power of Attorney (Financial).

A new and consolidated document will be used on and from 1 September 2015, known simply as an Enduring Power of Attorney (EPA).

This document will incorporate the features of the old form Enduring Guardian (which gave the ‘guardian’ power to make lifestyle decisions for the donor) and Enduring Power of Attorney (Financial) (which gave the attorney power to act on behalf of the donor for financial decisions).

An EPA enables the principal (formally referred to as the donor) to confer powers on the enduring attorney for:

  1. financial matters
  2. personal matters
  3. both financial and personal matters,

with personal matters including lifestyle affairs and some legal matters.

The legislation also introduces an entirely new form of appointment known as a Supportive Attorney Appointment (SAA).

An SAA recognises and enhances the independence of individuals with a disability by enabling them to appoint an eligible person of their choosing, to support them in making decisions. This document lapses if the principal loses decision making capacity as the supported decisions made under an SAA are made by the principal and not the supportive attorney. A Supportive Attorney will assist with collecting information, liaising with organisations and conveying a principals decisions to organisations.

Other changes implemented by the Powers of Attorney Act 2014 (Vic) include:

  • a requirement for attorney(s) to disclose offences involving dishonesty
  • changes to the duties imposed upon persons appointed under an Enduring Power of Attorney and Supportive Attorney document
  • more stringent execution requirements
  • a new test of decision making capacity.

Enduring Power of Attorney (Medical Treatment)

The existing format and requirements of an Enduring Power of Attorney for Medical Treatment will be unaffected by the introduction of the Powers of Attorney Act 2014 (Vic) and will continue to be regulated by the Medical Treatment Act 1988 (Vic).

 

Contact
Rebecca Simmons 5cm 300ppi Colour JPEG 2015 Rebecca Simmons | Lawyer
Tel +61 3 9258 3349
E rebecca.simmons@maddocks.com.au
JULIA TONKIN 5CM COLOUR JPG 2014 Julia Tonkin | Associate
Tel +61 3 9258 3349
E julia.tonkin@maddocks.com.au

 

On 1 September 2015, the Powers of Attorney Act 2014 (Vic) came into effect, changing the way Victorians create and execute Enduring Power of Attorney documents.

The president of the Victorian Civil and Administrative Tribunal, Greg Garde (in an address at the Law Institute of Victoria on 31 August 2015) noted the Powers of Attorney Act 2014 (Vic) signifies one of the most significant pieces of legislative change in Victoria this decade.

As of 1 September 2015, Victorians will no longer be able to create:

  • an Enduring Guardian Appointment
  • an Enduring Power of Attorney (Financial).

A new and consolidated document will be used on and from 1 September 2015, known simply as an Enduring Power of Attorney (EPA).

This document will incorporate the features of the old form Enduring Guardian (which gave the ‘guardian’ power to make lifestyle decisions for the donor) and Enduring Power of Attorney (Financial) (which gave the attorney power to act on behalf of the donor for financial decisions).

An EPA enables the principal (formally referred to as the donor) to confer powers on the enduring attorney for:

  1. financial matters
  2. personal matters
  3. both financial and personal matters,

with personal matters including lifestyle affairs and some legal matters.

The legislation also introduces an entirely new form of appointment known as a Supportive Attorney Appointment (SAA).

An SAA recognises and enhances the independence of individuals with a disability by enabling them to appoint an eligible person of their choosing, to support them in making decisions. This document lapses if the principal loses decision making capacity as the supported decisions made under an SAA are made by the principal and not the supportive attorney. A Supportive Attorney will assist with collecting information, liaising with organisations and conveying a principals decisions to organisations.

Other changes implemented by the Powers of Attorney Act 2014 (Vic) include:

  • a requirement for attorney(s) to disclose offences involving dishonesty
  • changes to the duties imposed upon persons appointed under an Enduring Power of Attorney and Supportive Attorney document
  • more stringent execution requirements
  • a new test of decision making capacity.

Enduring Power of Attorney (Medical Treatment)

The existing format and requirements of an Enduring Power of Attorney for Medical Treatment will be unaffected by the introduction of the Powers of Attorney Act 2014 (Vic) and will continue to be regulated by the Medical Treatment Act 1988 (Vic).

 

Contact
Rebecca Simmons 5cm 300ppi Colour JPEG 2015 Rebecca Simmons | Lawyer
Tel +61 3 9258 3349
E rebecca.simmons@maddocks.com.au
JULIA TONKIN 5CM COLOUR JPG 2014 Julia Tonkin | Associate
Tel +61 3 9258 3349
E julia.tonkin@maddocks.com.au