The Powers of Attorney Regulations 2025 (Vic) came into force on 10 August 2025, updating the prescribed forms used to make an enduring power of attorney (EPA) in Victoria. If you already have an EPA, your existing document is not automatically affected. Any new EPA made from 10 August 2025 requires the updated 2025 form.
What the 2025 Regulations Changed
The 2025 Regulations replaced the Powers of Attorney Regulations 2015, which were due to expire on 11 August 2025. The Explanatory Memorandum describes the 2025 Regulations as “machinery in nature”: they updated the same seven prescribed forms that already existed under the 2015 Regulations. No new form was created.
The most significant update affects the EPA appointment form and revocation form, as well as the supportive attorney appointment and revocation forms. For the first time, those forms include detailed step-by-step instructions for completing the remote witnessing procedure.
What an EPA Covers
An EPA made under the Powers of Attorney Act 2014 (Vic) may cover financial matters and personal (lifestyle) matters. Both may be included in the one form.
An EPA does not give an attorney authority over medical treatment decisions. That requires a separate appointment under the Medical Treatment Planning and Decisions Act 2016 (Vic), using a different approved form. The Office of the Public Advocate confirms that advance care directives and Medical Treatment Decision Maker appointments cannot be witnessed remotely.
Do You Need a New EPA?
An EPA properly made before 10 August 2025 on the forms then in force generally remains valid. Validity depends on compliance with the Act and the Regulations in force at the time the document was signed.
Anyone making a new or fresh EPA from 10 August 2025 must use the 2025 forms.
Witnessing an EPA
Standard in-person witnessing under section 35 of the Powers of Attorney Act 2014 requires two adult witnesses. At least one must be authorised to witness affidavits, such as a justice of the peace, an Australian legal practitioner, or a police officer. A registered medical practitioner may also qualify. A witness may not be a relative of the principal, a person being appointed as attorney, or the principal’s care worker or accommodation provider.
Remote witnessing under section 5A of the Act has been permanently available since 26 April 2021. The 2025 forms now include clear instructions for this procedure for the first time. All parties must be physically located in Victoria and the process must be completed on the same day. One of the two witnesses must be a special witness: an Australian legal practitioner or a justice of the peace appointed under the Honorary Justices Act 2014. That special witness must sign the document last.
The Supportive Attorney Role
A supportive attorney helps the principal make and communicate their own decisions. Under an EPA, by contrast, the attorney makes decisions on the principal’s behalf. The supportive attorney role has existed under the Powers of Attorney Act 2014 since 1 September 2015 and has its own prescribed form.
Statutory limits apply. A supportive attorney cannot undertake real estate transactions (with limited exceptions for residential tenancies), and their investment authority is limited to amounts of $10,000 or less in total held in interest-bearing accounts at an authorised deposit-taking institution.
How W Legal Group Can Help
For assistance with enduring powers of attorney or estate planning documents, contact W Legal Group at hello@wlegalgroup.com.au or (03) 9590 6180. To find out more about estate planning and wills services in Victoria, visit the wills and estates page.
