What we help with / Your parents' affairs
Your parents' affairs
For adult children helping a parent put their affairs in order under Victorian law, with the conversation in Polish if your parent prefers.
In short
- Three documents are worth having while your parent can still decide: a will, an enduring power of attorney and an appointment of a medical treatment decision maker.
- Each needs decision making capacity when it is signed. Once capacity is gone, only a court can authorise a will, and VCAT decides on a guardian or administrator.
- Your parent gives the instructions. You can help, but you do not decide for them.
- An attorney can deal with your parent’s bank, while Centrelink has its own nominee system.
- Cost and next step: before work starts, we give you a fixed fee in writing or, where that is not possible, a written estimate. Call 1800 776 529. We reply within one business day.
Three documents, while there is time
- A will, naming beneficiaries and an executor. See Making a will in Victoria.
- An enduring power of attorney, so that someone your parent chooses can manage financial and personal matters. See Powers of attorney in Victoria.
- An appointment of a medical treatment decision maker, with an advance care directive if your parent wants one.
Each must be made while your parent has decision making capacity (Powers of Attorney Act 2014 (Vic) s 23; Medical Treatment Planning and Decisions Act 2016 (Vic) s 26). Capacity is assessed decision by decision (Powers of Attorney Act 2014 (Vic) s 4), and with an illness such as dementia it can fade over time. It is better to act now than after a first hospital stay.
Once capacity is lost, a will can be made only with the Supreme Court’s authority (Wills Act 1997 (Vic) s 21). A guardian or administrator is then appointed by VCAT (Guardianship and Administration Act 2019 (Vic) s 30).
How to help without taking over
You can book the meeting, bring your parent, gather papers and help list assets. Your parent gives the instructions.
This is not a judgement on you. The witnesses to a power of attorney and to medical treatment documents certify that your parent appeared to sign freely and to have capacity (Powers of Attorney Act 2014 (Vic) s 36; Medical Treatment Planning and Decisions Act 2016 (Vic) ss 17, 36). A private conversation also protects the family against a later claim that someone influenced the decision.
An attorney must give effect to your parent’s wishes as far as practicable, support them to take part in decisions, and act honestly (Powers of Attorney Act 2014 (Vic) ss 21, 63). Your parent can still manage their own affairs (s 42). The power can also include conditions, for example that the attorney keeps a sibling informed (s 24).
Banks and Centrelink
An attorney for financial matters can, among other things, withdraw money from and deposit money into your parent’s accounts and pay their bills (Powers of Attorney Act 2014 (Vic) s 3). The power can be proved by a copy certified on every page, for example by a lawyer, a justice of the peace or a notary (ss 16, 82). If the attorney is acting because your parent has lost capacity, the bank may ask for evidence, such as a medical certificate (s 39(4)).
Centrelink works differently. Services Australia can appoint, in writing, a nominee to receive your parent’s letters or payments. The nominee must consent in writing, and your parent’s wishes must be taken into account (Social Security (Administration) Act 1999 (Cth) ss 123B to 123D).
When a parent dies and some heirs live in Poland
When a parent dies in Victoria and some heirs live in Poland, the estate has to be dealt with across two countries. Family members in Poland can speak with us by video. Our guide Estate in Victoria, heirs in Poland explains the steps.
Notarial documents for Poland, such as a power of attorney to sell a parent’s flat there, need a visit to our Frankston office. Appointment details: frankstonnotary.com.au.
Questions
Have another question? Phone 1800 776 529 or send us a message.
Yes. For a will or power of attorney, Radek can visit your parent at home or in aged care across most of Melbourne and the Mornington Peninsula. Notarial work is done only at our Frankston office.
Yes. Radek Dajer works in both Polish and English. Medical treatment documents must be in English (Medical Treatment Planning and Decisions Act 2016 (Vic) ss 16, 28), so we go through them in Polish before your parent signs.
The Act does not require an attorney to live in Victoria (Powers of Attorney Act 2014 (Vic) s 28). Banks and hospitals are easier to deal with in person, though, so consider a second attorney or an alternative attorney in Australia (ss 30, 31).
Law referred to
- Powers of Attorney Act 2014 (Vic) ss 3, 4, 16, 21, 23, 24, 28, 30, 31, 36, 39, 42, 63, 82
- Medical Treatment Planning and Decisions Act 2016 (Vic) ss 16, 17, 26, 28, 36
- Wills Act 1997 (Vic) s 21
- Guardianship and Administration Act 2019 (Vic) s 30
- Social Security (Administration) Act 1999 (Cth) ss 123B, 123C, 123D
Radek Dajer is an Australian lawyer and notary public who speaks Polish. He practises Australian law and does not advise on Polish law; for questions of Polish law, we bring in a lawyer or notary in Poland.
Help your parents act while they can.
Send an enquiry or call, and within one business day we will arrange a meeting with your parent in Polish.
Phone: 1800 776 529
Email: info@polishlawyer.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199