Before you apply - Powers of attorney
Decisions on issues about enduring powers of attorney or supportive attorney appointments.
Find out if you're in the right place
What we can help with
- Suspend, cancel or vary the appointment of an enduring power of attorney or supportive power of attorney
- Decide if an appointment is valid
- Determine the liability of attorneys
- Resolve disputes between attorneys
- Order compensation for loss caused if an enduring attorney does not comply with the Powers of Attorney Act 2014
- Decide whether a transaction by an attorney is valid
What’s an enduring power of attorney?
An enduring power of attorney is a legal document that allows a person to appoint someone else to make decisions about their personal or financial affairs.
It stays in place even if the person giving it loses the capacity to make their own decisions.
What’s a supportive attorney?
A supportive attorney supports people with disability to make their own decisions about things that affect them.
The person who has appointed an attorney to act on their behalf is called the ‘principal’.
What we can't help with
- make new powers of attorney (contact the Office of the Public Advocate)
- make new supportive powers of attorney (contact the Office of the Public Advocate)
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Can’t see what you’re looking for?
- Appoint a guardian or administrator, a supportive guardian or supportive administrator, reassess or cancel these appointments – see Guardians and administrators
- Challenge a medical treatment decision – see Medical Treatment and Advance Care Directives
- Review decisions made by the Mental Health Tribunal – see Mental Health
- Orders about treatment for people with an intellectual disability – see Disability Act
- Access to medication to end the life of a person with a terminal illness – see Voluntary assisted dying
- Review decisions about the collection of your health information, decisions by the Patient Review Panel or Chief Medical Officer – see Privacy and health records
Urgent applications and temporary orders
We can make an urgent order that covers a short time period if there’s an immediate risk of harm to someone’s health, welfare or property. If you are seriously concerned about someone who is, or may need to be, represented:
- Contact the Office of the Public Advocate any time, including after hours, for an urgent temporary order
- The OPA contacts us and we can make an urgent order without a hearing
We’ll review the order at a hearing as soon as possible.