Enduring power of attorney

We decide on matters about enduring powers of attorney.

An enduring power of attorney gives the attorney the right to make some kinds of decisions on behalf of someone else. The power of attorney stays in place even if the person who appointed the attorney stops being able to make their own decisions.

Definitions of principal and 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.

For example with an enduring power of attorney, if you are the principal, that means you have appointed an attorney to act on your behalf. You have given them enduring power of attorney.

The Office of the Public Advocate has more information about how to make powers of attorney.

What we can do

VCAT can hear and decide applications about:

  • an attorney's power under the enduring power of attorney
  • whether the power is valid
  • cancelling (revoking) or suspending the enduring power of attorney
  • varying the enduring power by revoking the appointment of one attorney
  • auditing accounts or other documents
  • compensating the principal for a loss caused by the attorney.

Before you apply

If you apply to revoke the appointment of an attorney you must provide VCAT with a report from a doctor who has assessed the principal and found that person to have lost the capacity to make a decision. Once the principal has lost decision-making capacity, only VCAT can revoke the enduring power of attorney. You must also be able to show that the appointed attorney is not complying with their roles as defined in the Powers of Attorney Act 2014.

You can apply to VCAT if you are the principal, the nearest relative of the principal, an attorney or supportive attorney under the enduring power of attorney, or someone who has a special interest in the affairs of the principal. Complete the application form, lodge it with VCAT and send a copy to all the people you named in the application form.

Fees

There are no application or hearing Definition The time and place at which VCAT hears the parties argue their case and makes a decision. fees.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

Find free or low-cost legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help you:

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case