Enduring Powers of Attorney in Victoria: Common Mistakes to Avoid

Mistake 1: Confusing an EPA with related instruments

A new enduring power of attorney does not cover medical treatment decisions: "personal matters" exclude medical treatment and medical research (s 3(1)). Those decisions are made under theMedical Treatment Planning and Decisions Act 2016 (Vic) by an appointedmedical treatment decision maker or, if none is available, a VCAT guardian with medical powers or the closest family member or carer in the statutory order (s 55), guided by any advance care directive. That order is not simply whoever the family chooses. If you want a particular person to make medical decisions, appoint them in a separate medical treatment decision maker appointment; it has its own form, its own two adult witnesses (one a medical practitioner or authorised affidavit witness) and its own witnessed acceptance (ss 28–29, 36), and it cannot be signed using the EPA video-witnessing procedure.

Asupportive attorneyappointment is different again. The principal keeps making their own decisions, and the supportive attorney helps them obtain information, communicate and give effect to those decisions. Guardianship and administration orders are made by VCAT under theGuardianship and Administration Act 2019 (Vic)when an appointment is needed and no adequate arrangement exists.

A related mistake is expecting an attorney to do something the Act forbids. An enduring attorney cannot make or revoke the principal's Will, make or revoke an enduring power for the principal, vote in an election or referendum, consent to entering into or dissolving a marriage or to a sexual relationship, make decisions about the care and wellbeing of the principal's child or the adoption of the principal's child under 18, enter into or agree to a surrogacy arrangement, consent to the making or discharge of a substitute parentage order, manage the principal's estate after death, or consent to an unlawful act (s 26). The attorney also cannot delegate the power (s 25). After death, the executor named in the Will, or an administrator, takes over.

Mistake 2: Assuming capacity from age, diagnosis or disability

Decision-making capacity is presumed unless there is evidence to the contrary (s 4(2)). A person has capacity for a decision if they can understand the relevant information and the effect of the decision, retain it as long as needed, use or weigh it, and communicate the decision and their views in some way (s 4(1)). Capacity may exist for some matters but not others, may be temporary, should not be assumed absent from a person's appearance or an unwise decision, and exists if the person can decide with practicable and appropriate support (s 4(4)). Section 5 sets out how capacity should be assessed.

Making an enduring power has its own content. The principal must understand matters such as the ability to set conditions, when the power commences, that the attorney will have the same power as the principal once it is exercisable, that it can be revoked while the principal has capacity, that it continues after loss of capacity, and that the principal cannot effectively oversee it once they lack capacity to revoke it (s 23(2)).

A diagnosis of dementia, a brain injury or an intellectual disability is relevant evidence, but it does not decide the question. The practical mistake is waiting too long, or signing without recording why capacity was thought to be present. Where there is a recent diagnosis, fluctuating cognition or a family dispute, it is prudent to arrange an appointment without family members present, record what the principal said and understood, and consider a contemporaneous opinion from a treating practitioner. Those steps are good practice, not statutory requirements, but they are often decisive if validity is later challenged. Our guide oncapacity and support at homediscusses related issues.

Mistake 3: Failing to use the prescribed form and execution process

An enduring power of attorney must be in the prescribed form (s 32). Since 10 August 2025, that is Form 1 in Schedule 1 to thePowers of Attorney Regulations 2025 (Vic): Part 1 is the appointment, Part 2 is the attorney's statement of acceptance and Part 3 is the alternative attorney's statement of acceptance (reg 6). The 2025 Regulations revoked the 2015 Regulations. A document that substantially follows a superseded form is not automatically invalid, because forms "in or to the like effect" may be acceptable, but a current form avoids unnecessary argument.

The principal must sign (or an eligible adult may sign at the principal's direction and in their presence), in the presence of two witnesses who sign and date in the presence of the principal and of each other (ss 33–34). Both witnesses must be adults, and at least one must be authorised to witness affidavits or be a medical practitioner (s 35(1)). Neither may be the person signing for the principal, an attorney or alternative attorney, a relative of either or of the principal, or a care worker or accommodation provider for the principal (s 35(2)). "Relative" is defined broadly and includes, among others, a spouse or domestic partner, child, parent and step-parent, siblings and step-siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews (s 3(1)). A paid care worker is excluded, but a person is not a "care worker" merely because they receive a government carer payment; a health provider is separately excluded from that definition. A treating doctor is therefore not automatically disqualified as a witness, although they cannot be appointed as attorney while they are the principal's health provider (s 28(1)(d)). An attorney's employee is not excluded merely by that employment when acting in its ordinary course (ss 34(2), 35(3)).

The "authorised" witness must be a person who can witness affidavits in Victoria (s 19 of theOaths and Affirmations Act 2018 (Vic) and reg 5 of its regulations), or a medical practitioner. Common choices are an Australian legal practitioner, a justice of the peace or bail justice, a public notary, or a police officer of sergeant rank or above or in charge of a station; the list also includes some court and tribunal officers, MPs and specified senior public servants. Being able to witness a statutory declaration is not enough — a pharmacist, accountant or constable does not qualify on that basis alone. Check the person against theSupreme Court's list of persons authorised to witness affidavits. Both witnesses must also pass the EPA-specific exclusions above, even if both are lawyers, JPs or doctors. The principal's existing lawyer is not excluded merely because they already act for the principal.

Each witness must certify that the principal appeared to sign freely and voluntarily and appeared to have decision-making capacity to make the power, state that they are not within an excluded class, and state their qualification if acting as the authorised or medical witness (s 36). The Act permits execution using the statutory remote witnessing procedure by audio-visual link, including electronic signatures where that procedure is used (ss 5A and 33(2)–(4)). The remote procedure has its own requirements and should be followed precisely. All steps must be completed on the same day and within Victoria for that execution. The appointment and an attorney's acceptance may be completed on different days; each remote procedure must itself finish that day. For the appointment, one witness must be a special witness: an Australian legal practitioner or a justice of the peace appointed under s 7 of the Honorary Justices Act 2014 (no additional class is prescribed by the 2025 Regulations). A medical practitioner alone does not meet that special-witness requirement. The special witness signs last and checks and certifies compliance; remote witnesses must verify the same document and add the audio-visual witnessing certification. Separate signed counterparts are not a valid instrument (s 5B). A recording requires everyone's consent, but recording is not required for validity (s 5C). A video call does not replace the capacity and voluntary-signing certifications. Where someone signs at the principal's direction, the witnesses must use the directed- signing certifications in s 36(2), not simply certify that the principal signed. These EPA rules do not permit remote witnessing of a medical treatment decision-maker appointment or advance care directive; those require their own in-person process. The Department of Justice's step-by-step procedureexplains the document sequence. OPA recommends face-to-face witnessing wherever possible; that is practical advice, not a ban on valid video execution.

Common execution errors include:

• using a relative of an attorney, such as the attorney's spouse, as a witness;
• having two witnesses sign at different times or in different rooms;
• omitting the witness's qualification statement;
• having a person who is also an attorney sign at the principal's direction (s 34(1)(c)); and
• leaving commencement, conditions or the manner of acting for multiple attorneys blank or internally inconsistent.

If execution was defective, VCAT may decide that the document is nevertheless valid, but only if it is satisfied that the principal and attorney intended it to be an enduring power, the principal had capacity to make it when it was signed, and the principal signed (or directed the signing) freely and voluntarily (s 117). Relying on that safeguard is slow and uncertain; correct execution is far better.

RCF (Guardianship) [2024] VCAT 748illustrates both distinct risks. VCAT found a 2016 EPA invalid because two witnesses were not present at signing ([254]–[256]); the capacity presumption for that date was not displaced. It separately rejected a 2023 EPA on capacity evidence, despite the witness's honest impression from conversation ([278]–[284]), while recognising the 2017 EPA. Later incapacity does not retrospectively invalidate every earlier appointment, and a friendly conversation is not a substitute for understanding the matters in s 23.

Mistake 4: Overlooking the attorney's acceptance

An enduring power is effective as to an attorney only once that attorney signs the prescribed statement of acceptance in the instrument, witnessed by an adult (unless the attorney is a trustee company), stating that they are eligible, understand their obligations and the consequences of failing to comply, and undertake to act in accordance with the Act (s 37). An alternative attorney signs a separate acceptance, which also confirms that they understand when they may act and are prepared (s 38). Unlike appointment witnesses, an acceptance witness is not subject to the s 35 family/provider exclusions: ss 37–38 require an adult who witnesses and signs the acceptance. Acceptance may also be signed using the remote witnessing procedure; unlike the appointment itself, acceptance does not require a special witness, but still requires the applicable same-day, Victorian, document and witnessing steps (s 5A(8)).

The mistake is treating acceptance as a formality to be completed when the power is needed. If an attorney never signs, they cannot act. If the attorney has died, lost capacity or become ineligible by then, the gap may not be fixable if the principal no longer has capacity to make a new document. It is good practice to complete all acceptances when the document is made, and for each attorney to receive a plain-language explanation of the duties they are accepting.

Mistake 5: Getting commencement wrong

The principal may specify that the power, or the power for a particular matter, is exercisable immediately, when the principal ceases to have decision-making capacity for the matter, or at any other time, circumstance or occasion (s 39(1)). If nothing is specified, the power is exercisable from when it is made (s 39(2)). Even where a later commencement is specified, the attorney may act during any earlier period in which the principal lacks capacity for the matter (s 39(3)).

Each option has trade-offs. An immediate financial power is convenient if the principal travels or wants help with banking, but it gives the attorney authority before any decline in capacity. An "on incapacity" power provides restraint, but a bank or other third party may ask for evidence that the principal lacks capacity for the matter (s 39(4)), and that evidence may take time to obtain. Before first acting because of the principal's incapacity, the attorney must take reasonable steps to notify anyone the document says should be notified (s 40), although a failure to notify does not invalidate the attorney's acts.

Two further points are commonly misunderstood. First, giving an enduring power does not stop the principal acting for themselves while they are able to (s 42). Second, once an attorney has begun acting because of incapacity, they may continue even if the principal regains capacity (s 41). If the principal regains capacity and wants to resume control, they should obtain advice about revocation or variation rather than assuming the power automatically pauses.

Using the power with banks and agencies. There is no central EPA register in Victoria, so each organisation checks the document itself. Banks, the ATO, superannuation funds and aged-care providers commonly ask to see a certified copy and identity evidence for the attorney, and each has its own process, so allow time and ask what they need before it is urgent. An EPA may be proved by a certified copy (s 82, applying s 16): each page is certified as a true and complete copy of the original, and the last page as a copy of the whole instrument, by an Australian legal practitioner, a financial services licensee, a justice of the peace, a public notary or another person authorised to administer an oath or affirmation. Centrelink is different: Services Australia says a power of attorney showing authority for financial matters can be used to appoint someone to act, and it also has its own correspondence and payment nominee arrangements. Ask Services Australia which arrangement suits the principal rather than assuming the EPA alone has been recorded.

Mistake 6: Choosing attorneys without regard to eligibility, role and duties

An individual attorney must be at least 18, must not be an insolvent under administration, and must not be a care worker, health provider or accommodation provider for the principal. A financial attorney who has been convicted or found guilty of an offence involving dishonesty is eligible only if that has been disclosed to the principal and recorded in the document (s 28(1)). A trustee company may be appointed for financial matters if no winding-up proceeding has commenced, and the Public Advocate may be appointed for personal matters (s 28(2)–(3)).

Eligibility is only the threshold. An attorney is a fiduciary who may need to manage accounts, deal with banks, Centrelink, accountants and care providers, keep records, resist family pressure and sometimes make decisions about accommodation. A person may be trustworthy but too distant, unwell, conflicted or busy. It is also worth asking whether the chosen attorney gets on with the people they will need to work with. Discussing the role with a proposed attorney before the appointment avoids later refusals and resignations.

Before an aged-care admission, work out who will make the personal accommodation decision and who can approve and sign the financial arrangements. Ask for an itemised explanation of proposed fees and accommodation payments, check affordability, and keep the agreement and supporting calculations. Read the signature block carefully: signing for the principal as attorney is different from agreeing to a personal guarantee or undertaking. Obtain advice before signing anything that may make the attorney personally responsible. An EPA is not a promise that charges will be reduced or waived.

Mistake 7: Not thinking through multiple and alternative attorneys

The principal may appoint more than one attorney, allocate different matters to different attorneys, and choose whether they act jointly, severally, jointly and severally, or by majority (s 30). If the document does not specify the method, the attorneys are taken to be joint attorneys (s 30(3)(b)), which requires unanimity and every attorney's signature (s 30(4)(a)). That default is a common surprise: one unavailable or uncooperative joint attorney can bring financial administration to a halt.

Several appointments allow any one attorney to act alone, which is efficient but provides less oversight. Majority appointments sit in between. Where one attorney's power ends, the remaining joint, joint and several, several or majority attorneys can generally continue, but if the remaining majority attorneys can no longer act as a majority they must act jointly, unless the document specifies otherwise (s 62). Where attorneys are appointed severally and a personal-matters attorney disagrees with a financial-matters attorney, either may apply to VCAT, and the personal-matters decision prevails unless the document or VCAT provides otherwise (s 71). A financial attorney must implement a personal-matters attorney's decision, but must apply to VCAT if implementing it would seriously deplete the principal's financial resources (s 72).

Alternative attorneys provide continuity. Unless the document specifies otherwise, an alternative may act if the attorney they replace dies, loses capacity for the relevant matters, is otherwise unwilling or unable to act, or has their appointment revoked under s 54 (s 31(2)). The principal may appoint more than one alternative for a single attorney, or one alternative for several attorneys (s 31(1)); an alternative acts in the same manner as the attorney they replace unless the document says otherwise (s 31(3)). If several alternatives are appointed, say clearly in what order or combination they step in. There is no rule that an alternative must always be appointed, but a single attorney with no alternative is a frequent cause of later VCAT applications.

Mistake 8: Overlooking the statutory duties and principles in practice

Section 63 requires every enduring attorney to act honestly, diligently and in good faith, to exercise reasonable skill and care, not to use the position for profit unless permitted, to avoid acting where there is or may be a conflict of interest unless authorised by the power, the principal or VCAT, not to disclose confidential information unless authorised, and to keep accurate records and accounts. Those records must cover all financial dealings and transactions and all material personal dealings and transactions (s 66). A financial attorney must keep their own property separate from the principal's, except jointly owned property and replacement joint property (s 69).

When the principal lacks capacity, the attorney must also act in the least restrictive way possible, provide practicable and appropriate support to help the principal participate, give all practicable and appropriate effect to the principal's wishes, and promote the principal's personal and social wellbeing (s 21). "What I think is best" is therefore not the test. An attorney should be able to show what the principal wanted, how they were involved, and why the decision was made.

In practice, the most frequent failures are paying the principal's money into the attorney's own account, informal "loans" within the family, cash withdrawals without receipts, and no running record of decisions. A separate account in the principal's name, a simple ledger, and copies of invoices and statements prevent most disputes. Dishonestly obtaining an enduring power, dishonestly obtaining its revocation, or an attorney dishonestly using it, to obtain a financial advantage or cause loss, is a criminal offence (s 135). If you suspect abuse,Seniors Rights Victoria (1300 368 821) offers free confidential advice, the Office of the Public Advocate can advise on VCAT options, and suspected theft or fraud can be reported to Victoria Police (000 in an emergency). Our guide toelder financial abuseexplains the warning signs.

Mistake 9: Misunderstanding gifts, dependants, payment and conflict transactions

Gifts are permitted only within s 67 and any condition or restriction in the document. The gift must be reasonable in all the circumstances, particularly the principal's financial circumstances, and must be either a seasonal or special-event gift to a relative or close friend, or a type of donation the principal made when they had capacity or might reasonably be expected to make. Such a gift may go to the attorney or the attorney's relative or close friend, but a written record of the amount and recipient is required where a gift to them, or to a connected organisation, has a total value of $100 or more (s 67(3)–(4)). This includes non-cash gifts; it is a recording threshold, not a gift allowance. The general s 66 duty still requires records of all financial dealings, including smaller gifts and gifts to other recipients. The 2025 Regulations do not prescribe a different amount. Larger "early inheritance" transfers, or gifts merely because the principal "would have wanted" them, do not fit these categories.

Paying for a dependant's needs is a separate power. A financial attorney may provide for a dependant's needs from the principal's property only if the document so provides, and unless it provides otherwise, the provision must be reasonable having regard to the principal's financial circumstances (s 68). An attorney is not entitled to remuneration unless it is specifically authorised by the document or by law (s 70). If payment for time spent is intended, especially where an attorney is also providing care, the document should deal with it expressly.

A conflict transaction occurs where a financial attorney's duty to the principal may conflict with the interests of the attorney or the attorney's relative, business associate or close friend (s 64). Examples include buying the principal's property, lending the principal's money to a family member or living rent-free in the principal's house. Such a transaction is permitted only if the principal authorised it, that kind of transaction, or conflict transactions generally before it occurred, or VCAT authorised it (s 65(1), (4)). The principal (while having capacity for the transaction) or VCAT may validate a completed transaction (s 65(3), (5)). Section 64(2) excludes some dealings, including permitted gifts and dependant maintenance and certain dealings with jointly held property. General wording such as "reasonable benefits" is a poor substitute for a specific authority.

In EIB (Guardianship) [2022] VCAT 609, VCAT rejected an attorney's claim that he was acting simply as a brother when arranging benefits for himself ([39]). On the evidence, arranging a purported gift agreement and facilitating his own nomination as the principal's superannuation beneficiary breached his duties; those transactions were invalid and relief under s 74 was refused ([48]–[53]). The lesson is not that every family gift or beneficiary nomination is invalid, but that relabelling self-interested conduct does not remove the fiduciary conflict.

Superannuation nominations. Do not assume an attorney can make, renew or change a binding death benefit nomination. Whether they can depends on the fund's trust deed and rules, the superannuation law that applies to the fund, and the terms of the EPA; some funds will not accept a nomination signed by an attorney at all. Where the attorney or their family would benefit, the conflict rules in ss 64–65 also apply. In EIB, the operative EPA was a standard appointment with no special conditions ([18]); a later draft that would have allowed the attorneys to renew, but not change, a nomination never became operative ([20]–[21]). If the principal wants an attorney to be able to deal with nominations, say so expressly and check the fund's requirements; otherwise ask the fund before acting.

Mistake 10: Assuming an attorney may sell the home without further thought

A financial attorney whose power is exercisable can generally deal with the principal's land if the document does not restrict that power; a broad financial EPA need not expressly name conveyancing (s 22). But authority is not the end of the inquiry. The attorney must comply with any condition or instruction in the document, the s 21 principles and the s 63 duties, and must not sell to themselves, a relative or close friend without a valid conflict authority. If VCAT has made an administration order for the principal, the attorney must not exercise financial powers unless and only so far as VCAT authorises (s 83).

Sale proceeds also need care. Under s 83A, the principal and the principal's beneficiaries have the same interest in unapplied proceeds of a sale by an attorney as they would have had in the property itself. In other words, a specific gift of the home in a Will is not necessarily defeated because an attorney sold it, if the proceeds have not been applied. The attorney need not keep the proceeds separate from the principal's other assets but should keep clear records of them (s 83A(3)). Where the principal can participate in the decision, they should be involved; where there is a conflict or family disagreement, independent advice for the principal is prudent. See alsopowers of attorney and aged care decisions.

Victorian enduring powers of attorney do not need to be registered before an attorney can deal with land. The Office of the Public Advocate confirms that the completed document is not registered in Victoria. Keep the original safe and provide certified copies to the attorney. This rule does not remove the need for a valid, accepted and exercisable power covering the proposed transaction.

For a sale, the lawyer or conveyancer must check the EPA's validity, scope and any limits, the attorney's identity and authority, and the principal's right to deal. Where there are several attorneys, check whether they must sign together or may act alone. Provide the complete power, all acceptances, any evidence that the power has started and any revocations early, and ask what certified copies and identity documents the transaction needs. The attorney may authorise the lawyer or conveyancer to sign and lodge the electronic transfer, but the EPA does not let the attorney use the practitioner's own electronic credentials. These are transaction checks, not registration of the EPA.

Mistake 11: Revoking or replacing a power without the right formalities

A principal may revoke the whole power, or the appointment of one attorney or alternative attorney, if they have capacity to make an enduring power giving the same power (s 44). Revocation must be by instrument in the prescribed form (s 45), which is Form 2 under reg 7 of the 2025 Regulations, signed and witnessed with the certifications required by ss 46–49. Tearing up the document or telling the attorney orally is not a revocation under the Act. The principal must take reasonable steps to inform the attorneys (s 50), although failing to do so does not invalidate the revocation.

One of the most overlooked rules is s 55: a later enduring power of attorney revokes an earlier one unless the principal specifies otherwise in the later power. A person who signs a new personal- matters document, intending the earlier financial appointment to continue, may therefore revoke the earlier appointment unless the later document says otherwise.

Notice to third parties matters because an attorney or third party who acts in good faith without knowing of the revocation or invalidity is protected (s 75). "Knowledge" includes knowing of the event that revokes the power and having reason to believe it has been revoked (s 73). Written notice to banks, the principal's accountant, care providers and other institutions holding a copy of the old power is therefore sensible protection. A storage or document-location service does not replace execution or revocation under the Act. If one holds the document or its location details, update that record as well as notifying those who may rely on the old power. See our detailed guide onrevoking an enduring power of attorney.

Mistake 12: Missing the events that end an attorney's power automatically

The power is revoked on the principal's death (s 51), after which the attorney has no authority; the estate is dealt with by the executor or administrator. An individual attorney's power also ends on their death (s 52), their loss of capacity for the relevant matters (s 53), their becoming an insolvent under administration, or their becoming a care worker, health provider or accommodation provider for the principal (s 54(1)). Insolvency applies to all individual attorneys, not only financial attorneys. A financial attorney's power also ends on a conviction or finding of guilt for an offence involving dishonesty after appointment. A trustee-company attorney's power ends if it is wound up or ceases to be registered (s 54(2)).

Where an attorney's appointment ends under s 54, the attorney must take reasonable steps to notify the principal (if they have capacity), the other attorneys and alternative attorneys, or, if there is no one else to notify, the principal's nearest relative or the Public Advocate, using the prescribed Form 3 (s 54(3)–(5)). The power may also end in accordance with its own terms (s 43).

An attorney may resign at any time while the principal has capacity (s 56), using the prescribed Form 4. If the principal lacks capacity, an attorney may resign only if another attorney or a willing and able alternative attorney has power for the matter, or otherwise with leave from VCAT or the Supreme Court (s 59). Seeresigning as an attorney in Victoria.

Mistake 13: Relying on an old or interstate document without review

Many people hold enduring powers made under Part XIA of the former Instruments Act 1958 (Vic), or old enduring powers of guardianship under the Guardianship and Administration Act 1986 (Vic). An old power in force when that regime was repealed remains valid, and the old law generally continues to govern it (ss 142(1), 143(1)), but specified provisions of the 2014 Act also apply: the capacity definition (s 4), the principal's right to keep acting (s 42), the rules on decisions between several attorneys, relief from liability and compensation (Part 6, Divisions 2–4), proof (s 82), the effect of VCAT administration or guardianship orders (s 83), and some VCAT powers and procedures (s 116(1)(a), (e)–(g)) (ss 142(2), 143(2)). The 2014 Act's general attorney duties in Part 6, Division 1 are not in that list, so check the old law and the document. An old document is not invalid merely because it is old, but its scope, attorneys and commencement provisions may no longer suit the principal.

Older medical appointments need their own check. Some documents made before 12 March 2018 — an old medical enduring power, or a personal-matters or guardianship appointment that included medical powers — are treated as appointing a medical treatment decision maker, but only within their original terms (MTPDA ss 102–103). Do not assume an old financial or general document gives medical authority. Give the treating team the actual document, and see our guide tomedical treatment decision makers before replacing it.

An interstate enduring power that complies with the requirements of its own State or Territory is treated as if made under the Victorian Act, to the extent the powers could validly be given under it (s 138). This recognition does not necessarily resolve every practical question raised by a Victorian bank or land transaction, and powers made overseas are not covered by s 138. Anyone with an old, interstate or overseas instrument should have it reviewed, especially before a sale or a change in health.

Mistake 14: Leaving disputes until they escalate

VCAT may make orders on application or on its own initiative about the scope and exercise of the power, the effect of execution defects, its validity, the validity of an attorney's transactions, and the lodgement, examination and audit of accounts (s 116). It may revoke all or part of the power or an attorney's appointment, vary or suspend the power, authorise or validate a conflict transaction, and make other necessary orders (s 120(1)). Before revoking an attorney's appointment, VCAT must be satisfied that the attorney is not complying with the Act and that the principal lacks capacity to make an enduring power giving the same power (s 120(2)). VCAT may declare a power invalid only on grounds such as lack of capacity, non-compliance with the Act, dishonesty or undue influence, or legal invalidity (s 118), and an invalid power is void from its commencement (s 119).

The principal, any attorney, the Public Advocate, the principal's nearest relative, and any person VCAT is satisfied has a special interest in the principal's affairs may apply (s 122). VCAT may also give advisory opinions on referral by certain persons (s 121). VCAT'spowers of attorney application guidanceexplains the current forms and fees, and notes that urgent short orders may be available where there is immediate risk to a person's health, welfare or property; theOffice of the Public Advocatecan provide advice about urgent situations.

Compensation for loss caused by an attorney's contravention may be ordered by VCAT or the Supreme Court, even after a criminal conviction, after the principal's death (payable to the estate), or where the power was invalid or revoked (s 77). The principal, an attorney, the executor or administrator, the Public Advocate, the nearest relative, or a person with a special interest may apply (s 78). If the principal or the attorney has died, the application must be made within 6 months after the first relevant death, although the time may be extended (s 79). An attorney who acted honestly and reasonably may be relieved from personal liability (s 74), and one who follows advice or directions of VCAT or the Supreme Court is generally protected (s 76).

Compensation requires proof of both a contravention and resulting loss, not just family disagreement. In FXX (Guardianship) [2023] VCAT 382, the attorney used the principal's money for his own legal costs and could not substantiate a further $900 said to cover utilities ([58]–[61]). VCAT ordered compensation of $24,915 ([63]–[67]). This was a finding on the evidence, not a rule that every legal expense or missing receipt creates automatic liability. Preserve bank statements, invoices, the power and relevant correspondence, identify each disputed payment and explain the alleged loss when applying.

A party may usually seek a VCAT rehearing within 28 days after the order (s 133), but not for an order suspending a power, an order made by VCAT constituted by the President, or an application for a rehearing or leave to seek a rehearing (s 126). If VCAT gives oral reasons and a party then requests written reasons under s 117 of the VCAT Act, the day the written reasons are given is treated as the day of the order for the 28-day limit (s 133(2)). Applying does not itself stay the order; VCAT may grant a stay (s 128). Ourguide to going to VCATandguardianship and administration applicationsguides explain related procedures.

A Supreme Court appeal is different from a VCAT rehearing: it is on a question of law and requires leave under s 148 of the VCAT Act. In IWN v AJU [2024] VSC 562, the Court refused an extension after an inadequately explained delay and because the proposed appeal had no real prospect of success ([39]–[41], [60]–[63]). Earlier orders had also been overtaken by later orders. The Court was not conducting a fresh capacity trial ([52]–[58]). Obtain advice promptly about the current operative order, available review route, deadline and whether a stay is needed; family disagreement alone is not a question of law.

A practical checklist

Before signing:

• Confirm the principal is an adult with capacity to make the power, and consider documenting it.
• Decide which matters each attorney will cover and how multiple attorneys will act; do not rely on the joint default unintentionally.
• Check each attorney and alternative is eligible under s 28.
• Choose a commencement that can be evidenced and suits the principal.
• Address gifts, dependants, payment and conflict transactions expressly if they are intended.
• Say whether any earlier enduring power is to continue (s 55).
• Arrange a separate medical treatment decision maker appointment or advance care directive if wanted.

At signing:

• Use Form 1 under the 2025 Regulations.
• Use two eligible adult witnesses who are together with the principal, one of whom is an authorised affidavit witness or medical practitioner.
• Complete each witness certification and qualification statement.
• Have every attorney and alternative sign their witnessed acceptance.

After signing and when acting:

• Keep the original safely, and record who holds certified copies.
• Ask banks, super funds, Services Australia and aged-care providers early what they need to recognise the attorney.
• Give any notices the document requires before first acting on incapacity (s 40).
• Use a separate account and keep records of every financial dealing and material personal decision.
• Review the document after a separation, death of an attorney, diagnosis, move interstate or major asset change.

Official sources

• Powers of Attorney Act 2014 (Vic), authorised version 007
• Powers of Attorney Regulations 2025 (Vic)
• Medical Treatment Planning and Decisions Act 2016 (Vic)
• Guardianship and Administration Act 2019 (Vic)
• Oaths and Affirmations Act 2018, s 19 and 2018 Regulations, reg 5
• Department of Justice: current forms and online witnessing procedure
• OPA: making an enduring power and medical-treatment glossary and recognised older appointments
• Services Australia: how someone can act for you
• Seniors Rights Victoria
• VCAT: powers of attorney

Coordinating with the wider plan

An enduring power of attorney is one part of a personal legal plan. It is usually considered alongside a Will, a medical treatment decision maker appointment, an advance care directive and, where relevant, superannuation nominations and business or trust arrangements. Advice tailored to the family, asset and capacity situation is important; ourpowers of attorney and elder lawteam can assist.

Frequently asked questions