Powers of Attorney
VCAT’s Guardianship List hears cases about supportive powers of attorney and enduring powers of attorney including medical enduring powers of attorney.
The people involved in powers of attorney
The principal is the person who has appointed an attorney to act on their behalf.
The attorney is the person appointed to act on behalf of the principal.
The agent is the person appointed to act on behalf of the donor of an enduring medical power of attorney.
The donor is the person who has appointed a medical agent acting on their behalf.
Powers of Attorney Act 2014
The Powers of Attorney Act 2014 came into effect on 1 September 2015. With the introduction of the Act, VCAT has powers to:
- suspend, revoke or vary the appointment
- determine the validity of the appointment
- determine the liability of attorneys
- resolve disputes between attorneys
- order compensation for loss caused if an enduring attorney does not comply with the Act
- determine the validity of a transaction by the attorney under the power of attorney.
Powers of Attorney granted before 1 September 2015
Enduring powers of attorney, including medical enduring powers of attorney, granted before the introduction of the Powers of Attorney Act 2014 remain valid.
The Office of the Public Advocate has more information about powers of attorney and the Powers of Attorney Act 2014. VCAT also has a downloadable factsheet with information about the Act.