Supportive Attorneys in Victoria: How the Appointment Works

What Is a Supportive Attorney?

A supportive attorney is a person appointed by an adult with decision-making capacity — the principal — to help the principal make and give effect to their own decisions. The supportive attorney does not make decisions for the principal. That is the feature that distinguishes supported decision-making from substitute decision-making under an enduring power of attorney.

The appointment is made under Part 7 (sections 85 to 114) of the Powers of Attorney Act 2014 (Vic). Part 7 provides a distinct instrument for supported decision-making, separate from substitute decision-making under an enduring power of attorney. Matters concerning medical treatment and medical research procedures are excluded from Part 7 and are governed by the Medical Treatment Planning and Decisions Act 2016 (Vic).

What a Supportive Attorney Can Do

The Act confers three linked supportive powers. Within the scope nominated on the form (personal matters, financial matters or both), a supportive attorney can:

• Access, collect, use and disclose personal information relevant to a supported decision — for example, obtaining bank statements, superannuation information or Centrelink records at the principal's direction. Matters concerning medical treatment and medical research procedures are excluded from Part 7, so the appointment does not authorise access to health or medical records;
• Communicate the principal's decisions to third parties — the supportive attorney can speak with a bank teller, government officer, aged care coordinator or utility provider on behalf of the principal, provided the decision itself has been made by the principal;
• Take reasonable steps to give effect to the principal's decisions — for example, delivering paperwork, sitting in on meetings, or coordinating logistics.

What a Supportive Attorney Cannot Do

The limits on the role are as important as the powers. A supportive attorney cannot:

• Make a substitute decision for the principal — if the principal has not made a decision, there is nothing for the supportive attorney to communicate or implement;
• Undertake a significant financial transaction as defined in section 89 of the Powers of Attorney Act 2014 (Vic); the giving-effect power in section 89 does not extend that far. Where the principal needs someone to act on their behalf beyond the supportive powers, an enduring power of attorney is the relevant instrument;
• Deal with matters concerning medical treatment or medical research procedures — these are excluded from Part 7 and are governed by the Medical Treatment Planning and Decisions Act 2016 (Vic). A supportive attorney has no substitute-decision authority in that area;
• Deal with special personal matters as defined in the Act (such as marriage, dissolution of marriage or adoption);
• Continue to act on the appointment for any period during which the principal lacks decision-making capacity for the relevant matter — under section 102 the appointment does not have effect for that period. This is a suspension of effect while incapacity persists, not an automatic revocation of the appointment.

Capacity: The Precondition for the Appointment

A supportive attorney appointment presupposes that the principal has decision-making capacity for the relevant matter. Capacity is decision-specific in Victoria — a person may have capacity for one decision but not another. To make a valid appointment the principal must have decision-making capacity for the appointment itself, understanding its nature and effect.

Where the principal already lacks decision-making capacity for the day-to-day matters that would otherwise be supported, a supportive attorney appointment is not the appropriate instrument. In that situation, an existing enduring power of attorney may already provide the relevant authority — its commencement and scope depend on the terms of that EPOA. If no EPOA is in place and the person no longer has capacity to make one, a VCAT application under the Guardianship and Administration Act 2019 (Vic) for a guardianship or administration order may need to be considered.

How the Appointment Is Made

The appointment must be on the prescribed Victorian supportive attorney form under the Powers of Attorney Regulations 2025 (Vic) and must comply with sections 95 to 98 of the Powers of Attorney Act 2014 (Vic). The formal steps include:

1. The principal completes the prescribed form, nominating the supportive attorney (or attorneys), the scope of matters (personal, financial or both, subject to Part 7 exclusions) and any conditions or limitations;
2. The principal signs in the presence of two eligible witnesses. One witness must be authorised to witness the signing of a statutory declaration. One witness must not be a relative of the principal or the supportive attorney, or a care worker or accommodation provider of the principal;
3. Each witness provides the certification required by the Act;
4. The supportive attorney accepts the appointment in the form and manner required by the Act;
5. The original signed appointment is stored safely and copies are provided to third parties who may need to recognise it.

Section 95(2) expressly permits witnessing by audio-visual link in the manner provided by the Act, so remote witnessing is available under the current framework (subject to compliance with the statutory requirements).

Personal Matters vs Financial Matters

The principal specifies which categories the supportive attorney covers. Personal matters include accommodation, day-to-day living arrangements, engagement with government agencies and similar life-administration decisions, but do not include matters concerning medical treatment or medical research procedures, which are excluded from Part 7. Financial matters include banking, superannuation, tax, dealing with utilities and other property-related decisions, subject to the section 89 "significant financial transaction" limit.

The principal can appoint a supportive attorney for both categories, for one only, or can appoint different supportive attorneys for different categories. The form allows conditions or limitations — for example, restricting the supportive attorney's authority to a particular bank account or to a specific government agency.

How Third Parties May Deal With the Appointment

A supportive attorney appointment executed in accordance with the Powers of Attorney Act 2014 (Vic) is a recognised legal instrument in Victoria. Within the scope of the appointment and consistent with Part 7, a third party (such as a bank, super fund, government agency or aged care provider) may deal with the supportive attorney to, for example:

• provide information about the principal's account, benefits or file, at the principal's direction;
• deal with the supportive attorney in the principal's presence or at the principal's specific direction;
• accept or receive paperwork on behalf of the principal; and
• act on the principal's decision as communicated by the supportive attorney — for example, that the principal wishes to close an account, change a payment plan or switch a service provider.

A third party is not required to act on an instruction from the supportive attorney where the underlying decision has not been made by the principal, or where the principal appears to lack decision-making capacity for that matter. Matters concerning medical treatment and medical research procedures are excluded from Part 7 and are not covered by the appointment.

Duties of the Supportive Attorney

Section 90 sets out the statutory duties of a supportive attorney. In summary, a supportive attorney must act honestly, diligently and in good faith; exercise reasonable skill and care; not use the position for profit; avoid acting where there is or may be a conflict between the supportive attorney's interests and the principal's interests, or, if acting, ensure the principal's interests are given priority; and discuss anything about a supported decision with the principal in a way the principal understands and that assists the principal to make the decision.

Revocation and How the Appointment Can End

Under sections 103 to 108, the principal may revoke the appointment while they have decision-making capacity to do so, using the prescribed revocation form. Execution requirements include one eligible witness who is authorised to witness the signing of a statutory declaration, in accordance with the Act — the requirements are not the same as those for the original appointment. Where there is more than one supportive attorney, revocation of the appointment of one does not necessarily end the appointment as a whole.

The appointment can also end or cease to have effect in the circumstances set out in sections 103 to 113, including:

• the principal's death;
• the supportive attorney's death, resignation or loss of capacity; and
• a VCAT order suspending or revoking the appointment.

Under section 102, the appointment does not have effect for any period during which the principal lacks decision-making capacity for the relevant matter. Section 102 suspends effect for that period; it is not an automatic revocation of the appointment as a whole.

Interaction With an Enduring Power of Attorney

A supportive attorney appointment and an enduring power of attorney can co-exist. Whether an EPOA has effect at any time, and what it covers, depends on the terms of that EPOA and the Act — it does not automatically "take over" simply because the principal has lost capacity for a matter. Where both instruments are being considered, the documents should be drafted together so scope, personnel, successive appointments and revocation triggers are coherent.

For a detailed treatment of the enduring power of attorney regime — including common drafting mistakes — see our companion articles on powers of attorney in Victoria and common EPOA mistakes. An enduring power of attorney can only be made while the person still has decision-making capacity to make it; once that capacity is lost, an EPOA cannot be newly created and VCAT options under the Guardianship and Administration Act 2019 (Vic) may need to be considered.

Interaction With Medical Treatment Decision Makers

Medical treatment decision-making in Victoria is a self-contained regime under the Medical Treatment Planning and Decisions Act 2016 (Vic). Part 7 of the Powers of Attorney Act 2014 (Vic) excludes matters concerning medical treatment and medical research procedures. A supportive attorney has no substitute-decision authority in that area and, under this appointment, no authority over the principal's medical records. A substitute decision-maker for medical treatment can be appointed as a medical treatment decision maker under that separate Act.

When VCAT Can Intervene

The Victorian Civil and Administrative Tribunal has jurisdiction under the Powers of Attorney Act 2014 (Vic) to review, suspend or revoke a supportive attorney appointment and to make consequential orders. Under section 122, an application may be made by the principal, the supportive attorney, the Public Advocate, the principal's nearest relative, or another person VCAT is satisfied has a special interest in the affairs of the principal. For more on the VCAT process see our guide on guardianship and administration applications at VCAT.

Warning Signs of Abuse or Misuse

Because the supportive attorney has access to information relevant to a supported decision and communicates the principal's decisions to third parties, the appointment can be exposed to elder-abuse dynamics. Signs that may warrant attention include third parties reporting that the supportive attorney is presenting decisions the principal has not made, unexplained changes to accounts or benefits, isolation of the principal, resistance to enquiries, and unexplained benefit flowing to the supportive attorney or their relatives. Family members concerned about misuse should obtain legal advice; both police and VCAT may have roles. See our related article on attorney abuse in Victoria.

Drafting Points to Consider

Points that may need attention when preparing a supportive attorney appointment include: using the prescribed Victorian form under the Powers of Attorney Regulations 2025 (Vic) rather than a generic or interstate template; observing the two-witness rule and witness eligibility requirements in sections 95 to 98; recording the supportive attorney's acceptance under section 99 in the form and manner required by the Act; considering the appropriate scope (personal, financial, or both) and any conditions or limitations; and providing copies to relevant third parties. Where execution is defective, whether a fresh appointment or an application to VCAT is appropriate depends on the circumstances.

How Parke Lawyers Can Help

Parke Lawyers advises Victorians on the complete decision-making toolkit — Wills, enduring powers of attorney (financial and personal), medical treatment decision maker appointments, supportive attorney appointments and, where required, VCAT applications for guardianship, administration or review of an existing appointment. We draft, witness and store the documents, advise family members and appointed persons about their duties, and act quickly where a supportive attorney or enduring attorney has misused their role. Our wills and estate planning team also coordinates with our estate-litigation team where a dispute over an appointment has already crystallised.

Frequently Asked Questions