What is the difference between a will, a power of attorney, and an advance care directive in Victoria?
These three documents all serve different purposes and are essential to comprehensive estate planning. Your Will deals with what happens to your assets after you’ve passed away, while the other two focus on decisions made while you’re still alive but unable to make them yourself.
For related guidance, see what is the difference between a Will, Power of Attorney and an advance care directive in QLD?.
Read the video transcript
You need all three because they protect you at different stages of life and death. I see Victorians confuse these all the time, but they all have different purposes. A Will only takes effect when you have passed away. An enduring power of attorney commences when you specify, such as immediately or on loss of capacity, and covers financial and personal decisions. The other document is the appointment of a medical treatment decision-maker that enables the named individual to make medical treatment decisions on your behalf in the event that you are unable to do so. An enduring power of attorney ceases when you pass away.
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