Resigning as Attorney Under an Enduring Power of Attorney in Victoria

What Does an Attorney Do?

An attorney appointed under an enduring powers of attorney in Victoria stands in the principal's shoes for the purposes set out in the document. Depending on the type of appointment, that may include financial decisions, personal matters, or both. The defining feature of an enduring appointment is that it continues to operate even if the principal later loses decision-making capacity.

In practical terms, the attorney's day-to-day responsibilities may include:

• Managing finances — operating bank accounts, paying bills, dealing with Centrelink, superannuation and the ATO;
• Dealing with assets — managing investments, real estate, vehicles and insurance policies;
• Personal decisions — where authorised, decisions about where the principal lives, the services they receive and other aspects of daily life;
• Record keeping — keeping the principal's money and property separate from the attorney's own and maintaining accurate records of transactions and decisions; and
• Communication — keeping in contact with the principal where possible, and engaging with family members, professional advisers and care providers.

Throughout, the attorney must comply with the statutory duties in the Powers of Attorney Act 2014 (Vic) — including acting honestly and with reasonable diligence and skill, giving effect to the principal's will and preferences so far as practicable, providing the least restrictive support consistent with the principal's personal and social wellbeing, avoiding conflicts of interest and acting within the scope of the appointment. The role is demanding and, where the principal's affairs are complex, can take a substantial amount of time.

Can an Attorney Resign?

Yes. Sections 56 to 60 of the Powers of Attorney Act 2014 (Vic) set out how an attorney may resign. Appointment as an attorney is voluntary and there is no obligation to continue acting indefinitely.

The Act balances two concerns: the practical need to protect the principal (particularly where the principal has lost capacity and cannot appoint someone else), and the recognition that continued service by a reluctant or unable attorney is unlikely to serve the principal's interests. The regime allows resignation on the prescribed form while the principal has capacity, and imposes a leave requirement in some — but not all — cases where the principal has lost capacity for the matter.

Reasons Attorneys Resign

Attorneys step down for a range of reasons, including:

• Health — the attorney's own illness or reduced capacity makes the workload unmanageable;
• Age — the attorney may no longer feel able to meet the demands of the role;
• Family conflict — ongoing disputes with siblings, beneficiaries or other family members make it difficult to act;
• Distance — the attorney has moved interstate or overseas and can no longer attend to practical matters in Victoria;
• Complexity of financial affairs — business interests, trusts or investments have grown beyond the attorney's comfort zone;
• Time commitments — other responsibilities leave insufficient time to perform the role properly; and
• Concerns about co-attorneys — including possible issues of attorney abuse that may need to be addressed before or alongside resignation.

The reasons for resignation need not be justified to the principal or to a tribunal. What matters is that the resignation is done in accordance with the Act.

How Does an Attorney Resign in Victoria?

The process depends on (i) whether the principal has decision-making capacity for the matter, and (ii) whether other or alternative attorneys are in place.

While the principal has capacity. Under sections 56 to 58, an acting attorney resigns by executing the prescribed resignation form for the type of appointment (financial or personal) and taking reasonable steps to inform the principal and any other or alternative attorney. Sensible practice includes dating the resignation, keeping a signed copy, allowing the principal enough time to put alternative arrangements in place, and notifying banks, share registries, superannuation funds, accountants and other institutions that hold a copy of the enduring power of attorney so their records can be updated.

Once the principal has lost capacity for the matter. Section 59 governs. Under section 59(1), an acting attorney may resign without leave if another attorney has power for the matter, or if an alternative attorney who is able and willing has power for the matter. If neither is available, leave of VCAT or the Supreme Court is required and the attorney continues to owe the statutory duties until the resignation takes effect. Under section 59(2), an alternative attorney who has power for the matter and is acting also requires leave of VCAT or the Supreme Court to resign while the principal lacks decision-making capacity for the matter. Section 59(3) allows an alternative attorney who is not acting to resign without leave. What the Tribunal or Court will consider on an application for leave depends on the circumstances; no prediction can be made in the abstract.

Until a resignation takes effect in accordance with the Act, the attorney remains legally responsible.

What Happens After an Attorney Resigns?

The consequences depend on the terms of the enduring power of attorney and on section 56(2), which provides that a resignation revokes the enduring power of attorney only so far as it gives power to that attorney or alternative attorney for the matter. In other words, the remainder of the document may continue to operate.

• Alternative or successor attorney named — whether the alternative attorney has power for the matter, and when, depends on the terms of the appointment and any conditions in it.
• Joint attorneys — the effect of one attorney resigning depends on the terms of the joint appointment. The drafting should be reviewed in each case rather than assumed.
• Records and accounts — the outgoing attorney should hand over a complete set of records, account statements, tax records and other documents relating to decisions made during their period of appointment.
• Continuing duty — the duty to account for decisions made while in office does not end on resignation.

Because of these variables, resignation should be planned rather than rushed wherever possible.

What If There Is No Replacement Attorney?

Where no other or alternative attorney has power for the matter, the practical consequences of a resignation depend on the principal's capacity.

• If the principal still has capacity for the matter, they can make a new enduring power of attorney appointing someone else. Broader revocation and estate planning changes can be considered at the same time.
• If the principal has lost capacity for the matter, a new enduring power of attorney cannot then be made. An application to VCAT under the Guardianship and Administration Act 2019 (Vic) for the appointment of an administrator (for financial matters) or a guardian (for personal matters) may need to be considered.

Where no other or alternative attorney has power for the matter, section 59 requires leave of VCAT or the Supreme Court before the acting attorney's resignation takes effect.

What If I Was Named But Have Never Accepted or Acted?

The Act distinguishes between resignation by an attorney and the position of a person whose appointment has not yet become effective in relation to them. An appointment is only effective once the acceptance requirements in the Act have been satisfied by that attorney or alternative attorney. If those requirements have not been met, the person has not become an attorney and resignation under sections 56 to 60 is not the applicable framework.

Where there is any doubt about whether acceptance has occurred — for example, where the person has been named for some time and has been in contact with banks or agencies — legal advice should be obtained promptly. Anyone considering whether to accept an appointment in the first place should also think carefully about the workload, the family dynamic and their capacity to commit to the role before signing acceptance documents.

Practical Steps Before Resigning

A careful attorney in Victoria may work through the following checklist before resigning:

1. Read the enduring power of attorney carefully — identify any other attorney, alternative attorney, conditions or limitations.
2. Consider the principal's decision-making capacity — this affects whether resignation can occur without leave or whether section 59 leave will be needed, and may benefit from input from the principal's treating doctor if capacity is genuinely in issue.
3. Plan the handover — communicate with any alternative attorney, the principal (where capacity permits) and relevant family members about timing, accounts and outstanding matters.
4. Bring records up to date — reconcile accounts, prepare a summary of recent transactions and gather original documents to hand over.
5. Obtain legal advice — particularly where the principal's affairs are complex, where there is family conflict, or where leave of VCAT or the Supreme Court under section 59 may be required.
6. Prepare the resignation on the prescribed form — the Powers of Attorney Regulations 2025 (Vic) prescribe the current forms; the form's own execution requirements must be followed.
7. Take reasonable steps to inform relevant persons — the principal, any other or alternative attorney, and, as a practical matter, banks, accountants, the ATO, Centrelink, superannuation trustees and other institutions that hold the enduring power of attorney.
8. Keep copies — retain a complete record of the resignation, handover documents and correspondence in case questions arise later.

Conclusion

Resignation is a recognised and sometimes necessary step for an attorney appointed under a Victorian enduring power of attorney. Sections 56 to 60 of the Powers of Attorney Act 2014 (Vic) provide a structured process — the prescribed form and reasonable steps to inform the principal and any other or alternative attorney while the principal has capacity, and, once capacity for the matter is lost, either reliance on another attorney or an able and willing alternative attorney under section 59(1) or, failing that, leave of VCAT or the Supreme Court.

If you are considering resigning as attorney under an enduring power of attorney in Victoria, our powers of attorney and elder law team can help you plan the process and any Tribunal or Court application that may be required.

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