In a landmark development for supported decision-making, the Victorian Government has introduced the Supportive Power of Attorney (SPA) under the Powers of Attorney Act 2014 and the newly updated Powers of Attorney Regulations 2025. This innovative legal tool marks a significant shift toward recognising and enabling the autonomy of people who may need assistance to make and act on their decisions—without handing over full control of their affairs. At Hayton Kosky, we see this reform as a major step forward in creating more inclusive, flexible, and person-centred legal options for our clients. What is a Supportive Power of Attorney?
Unlike a traditional or enduring power of attorney, where a nominated person (the attorney) takes over decision-making authority, a Supportive Power of Attorney allows a person with decision-making capacity (known as the principal) to appoint one or more supportive attorneys to help them make and carry out their own decisions. It is ideal for individuals who have the capacity to make decisions but need support in a variety of ways.
This may include people with intellectual disabilities, acquired brain injuries, mental health conditions, or simply those facing barriers due to language or literacy. Importantly, the supportive attorney does not have the authority to make the decision itself—they act only to support the principal in making and acting on their own decisions.What Can a Supportive Attorney Do?
The principal can tailor the appointment (FORM 5) to suit their specific needs. They authorise their supportive attorney to exercise one or more of the following defined powers:
- Information Power: To access or obtain information on behalf of the principal (e.g., from banks, utility companies, or health providers). This is exercised in accordance with section 87 of the Act.
- Communication Power: To communicate the principal’s decisions to others, in accordance with section 88 of the Act.
- Power to Give Effect to Decisions: To carry out tasks that are necessary to implement the principal’s decisions, in accordance with section 89 of the Act.
These powers can relate to personal matters only, financial matters only, both, or other specified matters. The Act defines a Financial matter as any matter, including a legal matter, relating to the principal’s financial or property affairs. A Personal matter is defined as any matter, including a legal matter, relating to the principal’s personal or lifestyle affairs, but excluding medical treatment or medical research procedures.Key Safeguards and Requirements
To be valid, the appointment must be made using the prescribed FORM 5 under the Powers of Attorney Regulations 2025.
- Execution and Capacity: The principal must sign the form and must have decision-making capacity in relation to making the appointment at that time.
- Witnessing: The signing must be witnessed by two people who certify that the principal appeared to sign freely and voluntarily, and had decision-making capacity. Remote witnessing by audio visual link is permitted under section 5A of the Act, but requires one witness to be a ‘special witness’ (an Australian legal practitioner or a justice of the peace).
- Acceptance: Both the supportive attorney (Part 2) and any alternative supportive attorney (Part 3) must sign a separate statement of acceptance, confirming their eligibility and understanding of their obligations under the Act.
- Commencement and Ending: The appointment can commence immediately upon its making or at a specified time, circumstance, or occasion. The supportive appointment ends automatically if the principal loses decision-making capacity for the relevant matter. It can also be ended by the principal using a formal Revocation (FORM 6) or by the attorney using a formal Resignation (FORM 7).
This model aligns with modern guardianship reforms and international human rights standards, including the UN Convention on the Rights of Persons with Disabilities, which emphasises supported decision-making over substituted decision-making. How We Can Help
At Hayton Kosky, we are proud to offer clear, compassionate advice on how the new Supportive Power of Attorney can benefit you or a loved one. Whether you’re looking to prepare for the future, support someone close to you, or ensure your rights and autonomy are respected, our experienced team can guide you through the entire process with confidence.