Supportive attorney appointments

The Guardianship List A List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. at VCAT hears and decide applications 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.

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

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.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

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.

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

Decide who pays the costs of representation

If you are a supportive attorney who is a party A person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. to a power of attorney hearing The time and place at which VCAT hears the parties argue their case and makes a decision. at VCAT you may want to be represented by a lawyer. You must decide whether this is a cost you should pay personally or whether it is a reasonable expense that can be paid from the finances of the person who appointed 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

Cases VCAT can hear

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.