New Power of Attorney laws now apply

Posted on 02 Sep 2015

New laws on enduring powers of attorney come into effect in Victoria today, providing greater protection for people making powers of attorney and giving VCAT more powers to decide related issues.

The Powers of Attorney Act 2014 (the Act) clarifies the law protecting the rights of people who make an enduring power of attorney or supportive attorney appointment.

The Act creates a new role of supportive attorney - a person who can support the principal to make his/her own decisions.  A supportive attorney cannot make decisions on the principal’s behalf. 

VCAT has new powers to order compensation for loss caused by an enduring attorney contravening the Act.  VCAT also has new powers to determine the liability of attorneys and to resolve disputes between attorneys.

Enduring powers of attorney and guardianship made before 1 September 2015 will continue to be valid after that date.

There is no change to the law about enduring powers of attorney (medical treatment), which will continue to be made under the Medical Treatment Act 1988.

For more information about the changes, visit the Department of Justice and Regulation website and Office of the Public Advocate website

Information about VCAT's role is available on our Attorney information page.