Information Centre · Powers of Attorney
Can an Enduring Power of Attorney Be Revoked?
A focused Victorian guide to the principal's side of the question: how an enduring power of attorney, or the appointment of one attorney under it, is brought to an end. The capacity requirement, the prescribed Form 2, who must be told, what ends automatically, and what can be done when capacity has already been lost. General information only, not legal advice.

Key points
- Under section 44 of the Powers of Attorney Act 2014 (Vic) a principal may revoke either the whole enduring power of attorney or the appointment of an attorney or alternative attorney under it, but only if the principal has decision making capacity in relation to making an enduring power of attorney giving the same power; capacity is decision-specific and time-specific and is presumed unless there is evidence to the contrary (sections 4 and 5).
- An enduring power of attorney is revoked according to its own terms (section 43), and the statutory revocation provisions in Divisions 2 and 3 of Part 5 are subject to those terms, so the instrument must be read first.
- A revocation must be by instrument in the prescribed form — Form 2 of Schedule 1 to the Powers of Attorney Regulations 2025 (Vic) under regulation 7 — signed by the principal or an eligible signer at the principal's direction and witnessed by two eligible witnesses, one authorised to witness affidavits or a medical practitioner, with the certifications required by section 49; remote witnessing under section 5A is available, and destroying, annotating or verbally cancelling the old document is not a revocation.
- Section 50 requires reasonable steps to inform the attorneys and alternative attorneys under the power, and a failure to notify does not invalidate the revocation (section 50(3)); notice still matters because sections 73 and 75 protect an attorney or third party who acts in good faith without knowledge of the revocation, and written notice sent by a method providing evidence of delivery or receipt is a prudent way to establish or support that knowledge, although whether the protection is displaced depends on the facts and knowledge may arise by other means; notice to banks and other institutions is prudent protection rather than a further section 50 duty.
- A later enduring power of attorney revokes an earlier one unless the principal specifies otherwise (section 55), and a power also ends automatically on the principal's death (section 51) or, as to a particular attorney, on that attorney's death or loss of capacity, insolvency, becoming a care worker, health provider or accommodation provider, a dishonesty conviction for a financial attorney, or the winding up or deregistration of a trustee company attorney (sections 52 to 54).
- Where one appointment ends, section 62 governs the position of joint, joint and several, several and majority attorneys — including the rule that remaining majority attorneys who can no longer form a majority must act jointly — unless the instrument specifies otherwise, and an alternative attorney may become authorised under section 31(2).
- A principal who lacks the required capacity cannot revoke and nobody may revoke for them; the pathway is VCAT under Part 8, where section 116 sets the matters and section 120 the orders available (including revocation, variation and suspension), section 122 identifies who may apply, and compensation is a separate remedy under sections 77 to 80.
- Instruments in force before 1 September 2015 are old enduring powers of attorney or old enduring powers of guardianship governed by the transitional provisions in sections 140 to 143 and 152 to 153, and each has its own regime alongside supportive attorney appointments, medical treatment decision maker appointments, advance care directives, general powers of attorney and Wills — a new Will does not revoke an enduring power of attorney.
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People change their minds about their enduring power of attorney for entirely ordinary reasons. Relationships shift, an attorney moves interstate, a family reorganises, someone who seemed the obvious choice turns out to be the wrong one. Occasionally the reason is not ordinary at all, and the document has to be ended because it is being used badly.
The right to end the appointment is as important as the right to make it, but it is not unqualified and it is not informal. The Powers of Attorney Act 2014 (Vic) attaches a capacity requirement to the decision, prescribes the instrument that must be used, dictates who may sign and witness it, and says who has to be told afterwards. Getting one of those wrong can leave a principal believing an appointment has ended when, legally, it has not.
What This Guide Covers
This guide deals with the principal's decision to bring an enduring power of attorney, or one appointment under it, to an end in Victoria. It covers the capacity requirement, the prescribed revocation instrument and how it is executed, notice, the events that end a power without anybody doing anything, the effect on remaining attorneys, and the options where the principal's capacity has already gone or is in dispute.
It does not cover how an attorney gets out of the role, which is a different set of provisions and has its own guide on resigning as attorney. It is not a general introduction to powers of attorney in Victoria, and it does not work through remedies for misuse of the power, which are dealt with separately in our guide to misuse of an enduring power of attorney. Medical treatment decision making, supportive attorney appointments and guardianship each have their own regimes and are only touched on here far enough to draw the boundary accurately.
What Can Actually Be Revoked
Section 44 identifies two different things a principal may revoke. The first is the enduring power of attorney itself. The second is the appointment of an attorney, or of an alternative attorney, under it. Those are not the same act and they do not have the same consequences: ending the whole instrument leaves nobody appointed under it, while ending one appointment leaves the instrument standing and everyone else's appointment intact, subject to how the document is structured.
Form 2 of Schedule 1 to the Powers of Attorney Regulations 2025 (Vic) reflects that choice directly. It offers three alternatives: revoking the enduring power of attorney made on a stated date, revoking the appointment of one or more named attorneys under an enduring power of attorney made on a stated date, or revoking the appointment of one or more named alternative attorneys appointed for a named attorney. Which alternative is selected is a decision to be made deliberately, not a box ticked at signing.
The Capacity Requirement
The condition in section 44 is precise, and it is not simply that the principal is capable in a general sense. The principal may revoke if the principal has decision making capacity in relation to making an enduring power of attorney giving the same power. The yardstick for revoking is the same as the yardstick for granting.
Section 4 defines decision making capacity as being able to understand the information relevant to the decision and the effect of the decision, retain that information to the extent necessary to make the decision, use or weigh it as part of making the decision, and communicate the decision and the person's views and needs about it in some way, including by speech, gestures or other means. Several statutory qualifications matter here in practice:
- capacity is presumed unless there is evidence to the contrary (section 4(2));
- a person understands relevant information if they understand an explanation given in a way appropriate to their circumstances, whether by modified language, visual aids or any other means (section 4(3));
- capacity is decision-specific and time-specific: a person may have capacity for some matters and not others, and any incapacity may be temporary rather than permanent (section 4(4)(a) and (b));
- incapacity is not to be assumed from a person's appearance, or merely because the decision looks unwise to others (section 4(4)(c) and (d));
- a person has capacity for a matter if the decision is possible for them with practicable and appropriate support, the Act's own examples including tailored formats, help communicating, additional time and enabling technology (section 4(4)(e)).
Section 4(5) preserves one qualification in the other direction: a decision carrying a high risk of being seriously injurious to the person's health or wellbeing may, together with other factors, be evidence that the person cannot understand, use or weigh the relevant information. Section 5 requires anyone assessing capacity to take reasonable steps to conduct the assessment at a time and in an environment where capacity can be assessed most accurately — which is a real point, not a formality, for an older client seen late in the day in an unfamiliar room.
The practical consequence is that a person with some cognitive impairment may still be able to revoke and re-appoint, and that a principal who has already lost capacity for this decision cannot revoke at all. There is no version of the revocation power that a relative can exercise on the principal's behalf.
The Instrument's Own Terms
A point that is often missed: section 43(1) provides that an enduring power of attorney is revoked according to its terms, and section 43(2) provides that the revocation provisions in Divisions 2 and 3 of Part 5 are subject to that. The document itself is the starting point.
This does not mean every instrument contains a termination condition — most standard-form enduring powers of attorney do not. But some are drafted to end on a stated date or event, to limit powers to specified matters, to specify when an alternative attorney is authorised to act, or to displace the statutory default about what happens to the remaining attorneys. The instrument should always be read before any assumption is made about what needs to be done, or whether anything needs to be done at all.
The Formal Revocation: Form 2
A revocation under section 44 must be by instrument in the prescribed form (section 45). Regulation 7 of the Powers of Attorney Regulations 2025 (Vic), which came into operation on 10 August 2025, provides that for the purposes of section 45 the prescribed form is Form 2 of Schedule 1, titled Revocation by principal of enduring power of attorney or appointment of attorney/alternative attorney. Regulation 4 of the 2025 Regulations revoked the Powers of Attorney Regulations 2015 (Vic), so forms taken from the earlier Regulations should no longer be used.
Execution is governed by sections 46 to 49:
- the instrument is signed by the principal, or by a person eligible under section 47 signing in the presence of and at the direction of the principal (section 46(1)(a));
- an eligible signer must be at least 18, must not be a witness to the signing, and must not be an attorney under the enduring power of attorney; being an employee of an attorney does not by itself disqualify them (section 47);
- two people must be present and witness the signing, sign and date the instrument in the presence of the principal and of each other, and certify in the instrument as section 49 requires (section 46(1)(b));
- both witnesses must be at least 18, must not be the person signing at the principal's direction, must not be an attorney under the power, and must not be a relative of the principal or of an attorney, or a care worker or accommodation provider for the principal (section 48(2));
- one of the two witnesses must be either a person authorised to witness affidavits or a medical practitioner (section 48(1)(b));
- each witness must certify that the principal appeared to sign freely and voluntarily in the witness's presence and appeared at that time to have decision making capacity to revoke the enduring power of attorney, must state that they are not an attorney, relative, care worker or accommodation provider, and must state the qualification they are acting on where relevant; where an eligible signer signed, section 49(2) adjusts the certifications accordingly (section 49);
- execution using the remote witnessing procedure in section 5A is valid, an electronic signature may be used where that procedure is used, and presence includes presence by audio visual link in accordance with that procedure (sections 46(2) to (4) and 49(4) and (5)).
None of the informal things people do instead is a revocation. A statement at a family meeting, a letter to the attorney, a note on the file, tearing the document up or writing across it: none of those ends the appointment under the Act. Where an attorney is uncooperative or the situation is urgent, our powers of attorney and elder law team can prepare the instrument and deal with the aftermath at the same time.
Do You Need the Original?
No. The instrument of revocation stands on its own. It does not need to be attached to, endorsed on, or executed alongside the original enduring power of attorney, and the original does not need to be produced or surrendered for the revocation to be valid. What is needed is the information Form 2 asks for, principally the date the enduring power of attorney was made, which a copy will usually supply.
Recovering the original and marking it as revoked, identifying who holds copies, and asking for those copies back or sending the revocation to whoever holds them are worthwhile steps for a different reason: they reduce the risk of a former attorney presenting a document that looks current to someone who has not been told. Treat them as risk management, not as the legal act.
Notice and Why It Matters
Section 50 sets the statutory notice obligation. On revoking the whole enduring power of attorney, the principal must take reasonable steps to inform any attorneys under the power that it has been revoked (section 50(1)). On revoking the appointment of an attorney or alternative attorney, the principal must take reasonable steps to inform that person and all other attorneys and alternative attorneys under the power (section 50(2)). Section 50(4) provides that reasonable steps may include sending the notification by post to an individual's last known residential address, or a body corporate's last known business address.
Section 50(3) provides that a failure to give the notification does not affect the validity of the revocation. That is a saving provision, not permission to skip the step, because the real consequences of silence sit elsewhere in the Act. Under section 75(1) an attorney who purports to exercise a power in good faith and without knowing that the power or the instrument is invalid or has been revoked is entitled to rely on it as against the principal and any other person, and under section 75(2) a person who acts in reliance on such a purported exercise, in good faith and without that knowledge, has an equivalent protection. Section 73 provides that knowledge for this purpose includes knowledge of the happening of the event that revokes the power and having reason to believe the power has been revoked.
Read together, those provisions explain why notice matters in practice. They do not mean that out-of-date records confer authority or guarantee statutory protection. The protection turns on good faith and on the absence of knowledge, and knowledge is a question of fact. Written notice sent by a method that provides evidence of delivery or receipt is a prudent way to establish or support knowledge, and to prove it later, but whether the section 75 protection is displaced in any particular case depends on the facts. Equally, an attorney or a third party may acquire knowledge, or reason to believe that the power has been revoked, by other means, without any formal written notice.
Section 50 imposes the reasonable-steps obligation in relation to the attorneys and alternative attorneys under the power. Notice to institutions and to counterparties to current transactions is not an additional statutory notification duty; it is a prudent protective step. Until the relevant people and institutions become aware of the revocation, there remains a practical risk that a former attorney will present the superseded document and that a third party will act in reliance on it. So, alongside the section 50 notice to attorneys and alternative attorneys, it is prudent to send the revocation in writing, with a request for written acknowledgement, to:
- each former attorney and alternative attorney;
- banks, credit unions and other financial institutions where accounts, loans or facilities were operated under the authority;
- any share registry, broker, fund manager or superannuation fund that has recorded the attorney;
- Services Australia, the Department of Veterans' Affairs and the Australian Taxation Office or tax agent, where the attorney has been dealing with them;
- aged care and accommodation providers, and any residential agreement counterparty;
- real estate agents, property managers, conveyancers and any counterparty to a transaction currently on foot;
- Land Use Victoria, where a power of attorney has been lodged or relied on in a dealing.
Keep proof of despatch. A revocation that cannot be shown to have been communicated is much harder to enforce practically than one that can.
Making a Later Enduring Power of Attorney
Section 55(1) provides that an enduring power of attorney is revoked by a later enduring power of attorney of the principal, and section 55(2) provides that this does not apply if the principal specifies otherwise in the later instrument. For the common case — one instrument replacing another in full — that is a clean and adequate mechanism.
It is a poor mechanism to rely on by default. Where the earlier instrument covers financial matters and the later one personal matters, where two appointments are genuinely intended to run concurrently, or where the later document is silent or ambiguous about what it displaces, leaving the question to section 55 invites exactly the dispute the document was meant to prevent. In those cases the safer course is to say expressly what is intended, and to consider an express section 44 revocation of the earlier instrument as well.
Executing a new enduring power of attorney also does not do any of the practical work. Former attorneys still have to be told, institutions still have to be given the new document and the revocation, and copies of the superseded instrument still have to be retrieved or marked. For the drafting problems that make this messier than it needs to be, see our guide to enduring power of attorney mistakes.
Events That End a Power Automatically
Division 3 of Part 5 ends powers without anybody having to sign anything. Note the distinction running through it: some events end the whole instrument, and others end it only so far as it gives power to a particular attorney.
- Death of the principal. The enduring power of attorney is revoked (section 51). Authority to deal with the estate afterwards comes from the Will and the grant of representation, not from the instrument.
- Death of an attorney. The enduring power of attorney is revoked so far as it gives power to that attorney (section 52).
- An attorney's loss of capacity. If an attorney becomes a person who does not have decision making capacity for the matters to which the instrument applies, the power is revoked so far as it gives power to that attorney (section 53).
- Insolvency. For an individual attorney, becoming an insolvent under administration after appointment revokes the power so far as it gives power to that attorney (section 54(1)(a)).
- Becoming a care worker, health provider or accommodation provider for the principal after appointment has the same effect (section 54(1)(b)).
- Dishonesty offences. For an attorney for financial matters, being convicted or found guilty of an offence involving dishonesty after appointment has the same effect (section 54(1)(c)).
- Trustee company attorneys. Where the attorney is a trustee company, the power is revoked so far as it gives power to that company if, after appointment, the company is wound up or ceases to be registered (section 54(2)).
Section 54(3) to (5) imposes a notice duty on the attorney where an appointment is revoked by the operation of section 54(1) or (2), and also where a winding-up proceeding commences against a trustee company attorney or such a company is convicted or found guilty of a dishonesty offence. Notice must be given in the prescribed form — Form 3 of Schedule 1 to the 2025 Regulations, under regulation 8 — to the principal if the principal has decision making capacity for the matter, to any other attorney and any alternative attorney, and, where the principal lacks that capacity and there is nobody in those categories, to the principal's nearest relative or, if the attorney cannot notify the nearest relative, the Public Advocate. Section 54(6) provides that a failure to notify does not affect the validity of the revocation.
An attorney's own resignation is a separate pathway again, dealt with in Divisions 4 and 5 of Part 5 and covered in our guide on resigning as attorney in Victoria.
Multiple Attorneys and Alternatives
Where more than one attorney is appointed, the effect of one appointment ending depends on how the instrument structures decision making. Section 62 supplies the defaults:
- for joint attorneys, the ending of any power of one does not affect the ability of the remaining joint attorney or attorneys who have that power to exercise it (section 62(1));
- the same is provided for joint and several attorneys (section 62(2)) and for several or majority attorneys (section 62(3));
- where the ending of a majority attorney's power leaves the remaining majority attorneys unable to exercise the power as majority attorneys, the remaining attorneys must exercise it jointly (section 62(3A));
- all of the above yields to the document: those subsections do not apply if the principal specifies otherwise in the enduring power of attorney (section 62(4)).
An alternative attorney may also step into the role. Section 31(2) sets out when an alternative attorney is authorised to act: in the circumstances specified in the instrument, or, where none are specified, where the attorney for whom they were appointed dies, does not have decision making capacity for the relevant matters, is otherwise not willing or able to act, or has had their appointment revoked by the operation of section 54.
This is why revoking one appointment is not the safe, contained step it looks like. Removing one of three majority attorneys can force the remaining two into joint decision making; removing a sole financial attorney can activate an alternative attorney the principal had half forgotten about, or leave nobody with authority at all. Work out where the document lands before signing anything.
Where Capacity Is Lost or Disputed
If the principal no longer has decision making capacity in relation to making an enduring power of attorney giving the same power, the section 44 route is closed. It cannot be worked around. A spouse, adult child or concerned friend cannot sign a revocation for the principal: the eligible signer under section 47 signs at the direction of, and in the presence of, a principal who has that capacity, which is an accommodation for a person who cannot physically sign, not a substitute decision-making power.
Where the concern is that an attorney is acting improperly and the principal can no longer act, the pathway is VCAT. Where what is really needed is an ongoing decision maker rather than the removal of one, an application under the Guardianship and Administration Act 2019 (Vic) for the appointment of an administrator for financial matters or a guardian for personal matters may be the substantive answer; the two are often dealt with together. Those applications are explained in our guide to guardianship and administration applications at VCAT.
The two regimes interact. Section 83 provides that where VCAT makes an administration order for a principal, an attorney under an enduring power of attorney for that principal must not exercise a power for financial matters unless authorised by VCAT and only so far as authorised, and section 83(2) makes equivalent provision for personal matters where a guardianship order is made. An administration or guardianship order does not automatically revoke the enduring power of attorney, but it can displace the attorney's ability to use it.
VCAT Applications and Orders
Part 8 of the Act gives VCAT jurisdiction over enduring powers of attorney. Two provisions are commonly conflated and are worth keeping apart: section 116 is about the matters VCAT may make an order about, and section 122 is about who may apply.
Under section 116(1), on application under Division 3 or on its own initiative in any hearing before it, VCAT may make an order about any matter concerning an attorney's power under the instrument, including its scope and its exercise; the effect of a failure to comply with the execution requirements for enduring powers of attorney or instruments of revocation; the validity of the enduring power of attorney; the validity of a transaction by an attorney where VCAT is satisfied there has been a failure to comply with Part 6 or for any other reason; the lodgement, examination and auditing of accounts and other documents relating to the exercise of the power over a specified period, and reporting on any such audit; and any other matter VCAT considers necessary in relation to the enduring power of attorney.
Section 120(1) sets out what such an order may do: revoke all or part of the enduring power of attorney, revoke the appointment of an attorney under it, vary its effect, suspend it for a specified period either generally or as to a specified matter, authorise or validate a transaction for the purpose of section 65, and make any other order VCAT considers necessary. Section 120(2) adds an important threshold: before revoking an attorney's appointment, VCAT must be satisfied both that the attorney is not complying with the provisions of the Act relating to enduring powers of attorney and that the principal does not have decision making capacity in relation to making an enduring power of attorney giving the same power.
Section 118 governs declarations of invalidity, which VCAT may make under section 116(1)(c) only where satisfied that the principal lacked decision making capacity to make the instrument, that it did not comply with the Act's requirements when made, that dishonesty or undue influence was used, or that it was legally invalid when entered into. Section 121 allows the Tribunal to give an advisory opinion on any matter relating to an enduring power of attorney referred to it by a person mentioned in section 122(1)(a), (b), (c) or (e) — a useful and underused option where the real problem is uncertainty rather than misconduct.
Section 122(1) provides that a person may apply for an order under Division 2 if the person is the principal; an attorney under the enduring power of attorney; the Public Advocate; the nearest relative of the principal; or any other person whom VCAT is satisfied has a special interest in the affairs of the principal. Section 122(2) makes clear, to avoid doubt, that nothing in the Act prevents such a person from applying. Section 123 governs who is entitled to notice of the application and section 124 who the parties are, both of which shape how a contested application actually runs. Our guide to going to VCAT explains how a Tribunal application is prepared and heard.
Compensation is a separate exercise under Division 4 of Part 6. Section 77 allows the Supreme Court or VCAT to order an attorney to compensate the principal for loss caused by contravening a provision of the Act relating to enduring powers of attorney, and section 77(2)(c) confirms the power applies even where the instrument is invalid or has been revoked. Section 78 identifies who may apply, section 79 imposes time limits keyed to death which may be extended, and section 80 allows VCAT to refer a compensation application to the Supreme Court. An application to revoke an appointment does not automatically raise, or produce, compensation.
Where money is moving now, the sensible urgent steps are modest and should be described as such: notify the relevant financial institutions in writing, obtain and preserve statements and records, and take advice promptly about whether interim relief or a suspension order should be sought. No institution can be promised to freeze an account on request, and no interim order can be promised either. Both depend on what the evidence shows.
Pressure, Undue Influence and Abuse
Revocation is sometimes the flashpoint in a family, and sometimes the symptom of something worse. Both possibilities are live: a principal may be pressured into revoking an appointment that was protecting them, and a principal may equally be pressured into leaving in place an attorney who is exploiting them.
That is why the way instructions are taken matters as much as the form that is signed. Sound practice includes seeing the principal alone, without the person who arranged the appointment or the person being removed; taking the instructions in the principal's own words and recording the reasons contemporaneously; testing whether the decision is the principal's own; obtaining capacity evidence where the circumstances genuinely warrant it, rather than as a reflex; and keeping a file record capable of supporting the decision if it is challenged years later. A medical assessment is not universally required and is not always unnecessary — it is a judgement about the particular client on the particular day.
It is worth being clear about what revocation does and does not achieve. It stops future authority. It does not unwind past transactions, recover transferred assets, or decide who is liable for what. Those are separate claims with their own evidence and their own time limits, discussed in our guides to misuse of an enduring power of attorney and elder financial abuse.
Instruments Made Before 1 September 2015
An enduring power of attorney in force before the Powers of Attorney Act 2014 (Vic) took effect is not simply a 2014 Act instrument. Part 10 of the Act calls it an old enduring power of attorney — one made under Part XIA of the Instruments Act 1958 (Vic) — and calls an appointment of an enduring guardian made under the former Division 5A of Part 4 of the Guardianship and Administration Act 1986 (Vic) an old enduring power of guardianship.
Sections 142 and 143 preserve the validity of those instruments and provide that the earlier law continues to have effect in relation to them, subject to specified provisions of the 2014 Act being applied as if the instrument had been made under it. Sections 152 and 153 then provide that, from the commencement of section 6 of the Powers of Attorney Amendment Act 2016 (Vic), Divisions 1, 2 and 3 of Part 5 apply to an old enduring power of attorney and an old enduring power of guardianship in force immediately before that commencement as if each were an enduring power of attorney made under the 2014 Act.
In practical terms, the modern revocation machinery is generally available for older instruments, but the instrument's scope, validity and operation may still fall to be read against the law under which it was made, and the transitional provisions have to be applied to the particular document rather than assumed. An old enduring power of guardianship is not the modern equivalent of an enduring power of attorney for personal matters and deserves its own analysis before it is revoked or replaced. If the document predates September 2015, have it reviewed rather than acting on a general article.
Other Documents, Other Regimes
A recurring source of trouble is the assumption that one document affects another. Each of these instruments has its own regime for being made and for coming to an end, and dealing with one does not deal with the others.
| Document | Governing law | How it ends |
|---|---|---|
| Enduring power of attorney | Powers of Attorney Act 2014 (Vic) | Its own terms (s 43); revocation by the principal in Form 2 (ss 44–49); automatic events (ss 51–54); a later enduring power of attorney (s 55); VCAT order (ss 116, 120) |
| Supportive attorney appointment | Powers of Attorney Act 2014 (Vic), Part 7 | Revocation by the principal under s 103 in the form prescribed by s 104 and regulation 11 (Form 6); other ending events under s 109; VCAT orders under ss 116(2) and 120(3) |
| Medical treatment decision maker appointment | Medical Treatment Planning and Decisions Act 2016 (Vic) | Under that Act's own provisions and forms; unaffected by revoking an enduring power of attorney |
| Advance care directive | Medical Treatment Planning and Decisions Act 2016 (Vic) | Revoked or replaced under that Act; it does not appoint an attorney and does not revoke one |
| General (non-enduring) power of attorney | Instruments Act 1958 (Vic) | Revoked under that Act and ends on the principal's loss of capacity or death; not a Form 2 revocation |
| Will | Wills Act 1997 (Vic) | Revoked by a later Will, by destruction with intention, or as that Act otherwise provides; a new Will does not revoke an enduring power of attorney |
Medical treatment decision making is a genuinely separate subject and is dealt with in our guide to medical treatment decision makers in Victoria, and supportive appointments in our guide to supportive attorney appointments.
A Revocation Checklist
The first group of steps is what the Act requires. The second is prudent practice, which is where most of the real protection comes from.
Statutory requirements
- Confirm the principal has decision making capacity in relation to making an enduring power of attorney giving the same power (sections 4, 5 and 44).
- Decide what is being revoked: the whole instrument, an attorney's appointment, or an alternative attorney's appointment (section 44).
- Check whether the instrument's own terms already deal with the position (section 43).
- Use the current prescribed form — Form 2 of Schedule 1 to the Powers of Attorney Regulations 2025 (Vic) (section 45, regulation 7).
- Have it signed by the principal, or by an eligible signer at the principal's direction and in their presence (sections 46 and 47).
- Have it witnessed by two eligible witnesses, one authorised to witness affidavits or a medical practitioner, with the certifications the Act requires (sections 48 and 49); use the section 5A procedure if witnessing remotely.
- Take reasonable steps to notify everyone section 50 requires to be notified.
Prudent practice
- Identify every current instrument, and every copy in circulation, before signing anything.
- Map the attorney structure and any alternative attorneys, and work out where section 62 and section 31(2) leave the remaining appointments.
- Take instructions from the principal privately, record the reasons contemporaneously, and obtain capacity evidence where the circumstances warrant it.
- Decide whether a replacement enduring power of attorney is needed, and avoid leaving either a gap in authority or two overlapping instruments.
- Notify institutions and any counterparty to a transaction on foot, in writing, and keep proof of despatch.
- Request the return of the original and of copies, mark them revoked, and obtain written acknowledgements where practicable.
- Update estate planning and safe custody records so the current position is obvious to whoever looks next.
- Preserve statements, records and correspondence where misuse is suspected, before anything is returned or destroyed.
- Seek advice about a VCAT application, including an advisory opinion under section 121, where capacity or conduct is disputed.
Common Mistakes
- Treating an informal act as the revocation. A conversation, a letter, a torn-up document or an annotated copy does not revoke anything.
- Using a superseded form. The 2015 Regulations were revoked by regulation 4 of the 2025 Regulations; the current prescribed form is Form 2 of Schedule 1 to the 2025 Regulations.
- Using an ineligible witness. A relative of the principal or of an attorney, a care worker or an accommodation provider cannot witness, and one witness must be authorised to witness affidavits or be a medical practitioner.
- Assuming section 55 has tidied everything up. Where instruments cover different matters or the later document is ambiguous, express words are safer than a statutory default.
- Revoking one appointment without reading the document. The effect on remaining and alternative attorneys can be the opposite of what was intended.
- Stopping at the signing. Without notice to attorneys and institutions, a former attorney can keep presenting a document that looks current.
- Leaving no successor. Revoking without a replacement can leave a principal with no enduring authority in place if capacity is later lost.
- Waiting too long where capacity is fading. Once the section 44 threshold is not met, the only route is VCAT.
- Expecting revocation to recover losses. Ending authority and pursuing compensation are separate exercises.
How We Can Help
Parke Lawyers acts for principals, families and attorneys across Melbourne's eastern suburbs from our offices in Ringwood and Templestowe. On a revocation we take instructions from the principal directly and privately, confirm what the existing instrument actually says and how it structures decision making, address capacity properly and record the reasons, prepare and witness the current prescribed form, and manage the notices to attorneys, banks, government agencies and any counterparty to a transaction on foot.
Where a replacement appointment is needed, we prepare it alongside the revocation so there is no gap in authority and no ambiguity about which document governs. Where capacity has already been lost or conduct is in dispute, we advise on the VCAT options, including an advisory opinion, a suspension or revocation application, orders for accounts and, where warranted, a separate compensation claim. Where an ongoing decision maker is required, we can deal with the guardianship or administration application at the same time.
Related Reading
- Powers of attorney in Victoria — how the appointments are made and how they operate.
- Resigning as attorney — the attorney's side: getting out of the role.
- Enduring power of attorney mistakes — the drafting problems that make a revocation complicated.
- Misuse of an enduring power of attorney — remedies where the concern is past conduct.
- Elder financial abuse — warning signs and the options for recovery.
- Guardianship and administration applications at VCAT — where an ongoing decision maker is needed.
- Medical treatment decision makers in Victoria — the separate regime for medical treatment decisions.
- Supportive attorney appointments — the lighter-touch alternative, with its own revocation regime.
- Going to VCAT — how a Tribunal application is prepared and run.
Official Sources
- Powers of Attorney Act 2014 (Vic) — authorised in-force version — including sections 4, 5, 5A, 31, 43 to 55, 62, 73 to 80, 83, 116 to 124 and 140 to 153.
- Powers of Attorney Regulations 2025 (Vic) — in operation from 10 August 2025; regulation 4 (revoking the 2015 Regulations), regulation 7 and Form 2 of Schedule 1, and regulation 8 and Form 3.
- Office of the Public Advocate — enduring power of attorney and its enduring power of attorney publication — official plain-language guidance for principals and attorneys.
- Office of the Public Advocate — powers of attorney forms and resources — where the current official forms and guides are published.
- VCAT — Powers of attorney and Before you apply — Powers of attorney — what VCAT can decide, and the documents required.
- VCAT — Application for orders, powers of attorney — the current application form for powers of attorney matters.
- Medical Treatment Planning and Decisions Act 2016 (Vic) and Department of Health — advance care planning — the separate regime for medical treatment decision makers and advance care directives.
- Guardianship and Administration Act 2019 (Vic) — where an administrator or guardian is needed.
- Instruments Act 1958 (Vic) — general non-enduring powers of attorney, and the former Part XIA relevant to pre-2015 instruments.
Frequently Asked Questions
Can I revoke my enduring power of attorney if my attorney disagrees?
Yes. Revocation under section 44 of the Powers of Attorney Act 2014 (Vic) is the principal's act alone, provided the principal has decision making capacity in relation to making an enduring power of attorney giving the same power. The attorney's consent is not required and the attorney cannot veto it. Section 50 requires the principal to take reasonable steps to inform the attorney, and section 50(3) provides that a failure to give that notification does not affect the validity of the revocation. What the attorney's disagreement can affect is the practical aftermath: an uncooperative former attorney may need to be dealt with through notice to institutions, a request for accounts, or an application to the Victorian Civil and Administrative Tribunal (VCAT).
Do I need the original document to revoke it?
No. The revocation is effected by executing a separate instrument of revocation in the prescribed form under sections 44 to 49, not by producing, altering or surrendering the original enduring power of attorney. You should identify the date the enduring power of attorney was made, because Form 2 asks for it, and a copy is usually enough for that. Recovering the original, marking it as revoked, and retrieving or superseding circulated copies are sensible risk-management steps because they reduce the chance of a former attorney presenting the document to someone who has not been told, but none of them is the legal act of revocation.
Can I revoke just one attorney's appointment?
Yes. Section 44 allows a principal with the necessary capacity to revoke either the whole enduring power of attorney or the appointment of an attorney or alternative attorney under it, and Form 2 of Schedule 1 to the Powers of Attorney Regulations 2025 (Vic) provides for each of those options. Before doing so, read how the instrument structures decision making. Removing one of several attorneys can change who must act and how, and it can bring an alternative attorney into the role, so the effect on the remaining appointments under section 62 and under the terms of the instrument should be worked out first.
Does making a new enduring power of attorney revoke the old one?
Usually, yes. Section 55(1) provides that an enduring power of attorney is revoked by a later enduring power of attorney of the principal, and section 55(2) provides that this does not apply if the principal specifies otherwise in the later instrument. Relying on section 55 alone is risky where the two instruments cover different matters, where concurrent appointments are actually intended, or where the later document's wording is ambiguous about what it is displacing. Making a new enduring power of attorney also does not remove the practical work: former attorneys and institutions still need to be told, and circulated copies of the old document still need to be retrieved or superseded.
What happens if one of several attorneys is removed?
Section 62 supplies the default position, and the instrument can displace it. The ending of a joint attorney's power does not affect the ability of the remaining joint attorney or attorneys with that power to exercise it (section 62(1)), and the same is provided for joint and several attorneys (section 62(2)) and for several or majority attorneys (section 62(3)). Section 62(3A) adds that where the ending of a majority attorney's power leaves the remaining majority attorneys unable to exercise the power as majority attorneys, the remaining attorneys must exercise it jointly. Section 62(4) provides that those subsections do not apply if the principal specifies otherwise in the enduring power of attorney. An alternative attorney may also become authorised to act under section 31(2), in the circumstances specified in the instrument or, if none are specified, in the circumstances that section sets out.
Can a family member revoke an enduring power of attorney for someone who has lost capacity?
No. Section 44 gives the power to revoke to the principal, and only where the principal has decision making capacity in relation to making an enduring power of attorney giving the same power. The eligible signer under section 47 signs the instrument in the presence of and at the direction of a principal who has that capacity; that is a mechanical accommodation, not substitute decision making. Where the principal no longer has the required capacity, the pathway is an application to VCAT under Part 8. Under section 120(2), before VCAT revokes an attorney's appointment it must be satisfied both that the attorney is not complying with the provisions of the Act relating to enduring powers of attorney and that the principal does not have decision making capacity in relation to making an enduring power of attorney giving the same power.
Does a new Will revoke an enduring power of attorney?
No. A Will disposes of your estate after death and an enduring power of attorney operates during your lifetime, ending on your death under section 51. Signing a new Will has no effect on an enduring power of attorney, and neither does making an advance care directive or appointing a medical treatment decision maker under the Medical Treatment Planning and Decisions Act 2016 (Vic). Each document has its own regime for ending it, and each has to be dealt with separately.
Does a doctor have to certify that I have capacity to revoke?
Not as a general rule. What the Act requires is that each witness certify in the instrument, under section 49, that the principal appeared to freely and voluntarily sign it and appeared at that time to have decision making capacity to revoke the enduring power of attorney, and that one of the two witnesses is either a person authorised to witness affidavits or a medical practitioner. So a medical practitioner may be one of the witnesses, but does not have to be. Separate contemporaneous medical evidence is neither always required nor never useful: where capacity is genuinely in question, or where a challenge is realistically foreseeable, an assessment obtained at the time can be the difference between a revocation that holds and one that is litigated.
Is telling the bank enough to revoke a power of attorney?
No. Notifying a bank is a prudent practical step, not a legal revocation, and it is not one of the notifications section 50 requires — that obligation concerns the attorneys and alternative attorneys under the power. Section 75(2) protects a person who acts in reliance on an attorney's purported exercise of a power in good faith and without knowing that the power is invalid or has been revoked, and section 73 provides that knowledge includes knowledge of the revoking event or having reason to believe the power has been revoked. Written notice to the institution, with a copy of the executed instrument of revocation, sent by a method that provides evidence of delivery or receipt and with a request for written acknowledgement, is a prudent way to establish or support that knowledge, although whether the protection is displaced in a given case depends on the facts, and knowledge may also arise by other means. Out-of-date records do not confer authority, but until the institution becomes aware of the revocation there remains a practical risk that a former attorney will present the superseded document and that the institution will rely on it.
Will revoking the appointment get back money the attorney has already taken?
No. Revocation ends future authority. It does not unwind past transactions, recover assets or determine anyone's liability. Those are separate questions. Section 77 allows the Supreme Court or VCAT to order an attorney to compensate the principal for loss caused by the attorney contravening a provision of the Act relating to enduring powers of attorney, and section 77(2)(c) makes clear that the power applies even where the enduring power of attorney is invalid or has been revoked. Section 78 governs who may apply and section 79 sets time limits keyed to death, which may be extended. A compensation claim is a separate exercise from a revocation, with its own evidence, and it is not an automatic consequence of removing an attorney.
How do I revoke an enduring power of attorney made before 1 September 2015?
Take advice on the specific document first. An instrument in force before the Powers of Attorney Act 2014 (Vic) commenced is an old enduring power of attorney or an old enduring power of guardianship under Part 10 of that Act, and sections 142 and 143 preserve the earlier law that governed it, applying only specified provisions of the 2014 Act to it. Sections 152 and 153 then provide that, from the commencement of section 6 of the Powers of Attorney Amendment Act 2016, Divisions 1, 2 and 3 of Part 5 apply to such an instrument as if it were an enduring power of attorney made under the 2014 Act. In practice that means the modern revocation machinery is generally available, while the instrument's scope, validity and operation may still be read against the old law. An old enduring power of guardianship is not simply a modern enduring power of attorney for personal matters and warrants its own analysis.
Is a medical treatment decision maker revoked the same way?
No. An appointment of a medical treatment decision maker is made and revoked under the Medical Treatment Planning and Decisions Act 2016 (Vic), not under the Powers of Attorney Act 2014 (Vic), and it uses that Act's own form and requirements. Revoking your enduring power of attorney does not touch a medical treatment decision maker appointment or an advance care directive, and revoking one of those does not touch your enduring power of attorney. If you want to change who makes what decisions, each document has to be reviewed and dealt with on its own terms.
Does the revocation have to be witnessed in person?
Not necessarily. Section 46(2) provides that an instrument of revocation may be executed using the remote witnessing procedure and is a valid instrument of revocation, section 46(3) permits an electronic signature where that procedure is used, and section 46(4) provides that being present includes being present by audio visual link in accordance with the procedure. Section 5A sets out the procedure, including the requirement for a special witness and the additional certifications, and Form 2 contains the corresponding remote witnessing certification. The ordinary requirements are not relaxed: two eligible witnesses under section 48, one of whom is authorised to witness affidavits or is a medical practitioner, and the section 49 certifications, still apply.
Can VCAT suspend an attorney rather than revoke the appointment?
Yes. Section 116 identifies the matters about which VCAT may make an order in relation to an enduring power of attorney, including the scope and exercise of the power, the effect of a failure to comply with execution requirements, validity, the validity of a transaction, and the lodgement, examination and auditing of accounts. Section 120(1) then sets out what VCAT may do in such an order, including revoking all or part of the enduring power of attorney, revoking the appointment of an attorney under it, varying its effect, suspending it for a specified period either generally or as to a specified matter, and making any other order it considers necessary. Which order is appropriate depends on the evidence, and relief is discretionary.
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This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.