Supportive attorney appointments
We decide on matters about supportive attorney appointments.
The supportive attorney appointment was introduced with the Powers of Attorney Act 2014. It supports the right of people with disability to make their own decisions about things that affect them.
Definitions of principal and attorney
In supportive attorney appointment, the principal is the person who has an attorney supporting them as they make decisions.
The supportive attorney is the person appointed to support the principal in their decision-making.
For more information about how to make powers of attorney, contact the Office of the Public Advocate.
What we can do
VCAT can hear and decide applications about:
- an attorney's power under the supportive attorney appointment, including whether the supportive attorney is complying with the terms of the appointment or exercising undue influence over the principal
- cancelling (revoking) or suspending the supportive attorney appointment
- varying the effect of a supportive attorney appointment
- the principal’s decision making capacity for matters to which the supportive attorney appointment applies.
Before you apply
You can apply to VCAT if you are the principal, supportive attorney, the nearest relative of the principal or anyone who has a special interest in the affairs of the principal. Complete the application form, lodge it with VCAT and send a copy to the people you named in the application form. There is no fee payable for the application.
You must provide a copy of a recent medical report for the principal, unless:
- you have already provided a medical report in the last three months and circumstances have not changed
- the principal has passed away
- you are applying to resign from your supportive attorney appointment.
There are no application or hearing 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.