Enduring powers of attorney, Victoria
Power of attorney disputes, VCAT applications and advice
Power of attorney disputes arise when an attorney takes money, when a power was signed by someone who no longer understood it, or when there is no power and decisions have to be made. The answer is usually an application to VCAT or the Supreme Court. We advise on these disputes and run them. We also make powers of attorney that are less likely to end up there. Victorian law only.
In short
- VCAT can examine an attorney’s accounts, suspend or revoke a power, and order compensation.
- A power can be declared invalid for lack of capacity, undue influence or dishonesty.
- Where capacity is gone and there is no power, VCAT can appoint a guardian or an administrator.
- Time limits are short: 28 days for a rehearing, and 6 months from a death for a compensation claim.
- A first advice on your papers, with a written plan, is a fixed fee of $880 including GST.
Power of attorney disputes: what has happened?
Choose the situation closest to yours. Each page sets out what the law allows, who can apply and the time limits.
Advice on power of attorney disputes before you act
Most people who contact us do not yet know whether they have a case, which order to ask for, or whether it is worth it. The first advice answers that for a fixed fee: we read your documents, meet you for up to half an hour, and give you a written plan with the time limits that apply to you and a quote for the next stage.
- First advice, with a meeting and a written plan $880
- Short advice for an attorney before a decision $440
Including GST. We quote applications and hearings in stages after the first advice.
Why a lawyer for power of attorney disputes
The Acts set tests that have to be proved with evidence: bank records, medical records, the document itself and what the witnesses saw. Who may apply, who must be notified and what VCAT may order are fixed by statute. An application that asks for the wrong order, or goes to the wrong place, loses time the person may not have.
Make or check a power
Fixed fees, including GST. We also prepare powers of attorney for use overseas.
Guides
The Victorian form is free. Our guides explain it: what it is, the form, witnessing, choosing an attorney and capacity. For powers made elsewhere in Australia, see Other States and Territories.
Guide
What is an enduring power of attorney?
An enduring power of attorney is a legal document in which you (the principal) appoint someone you trust (your attorney) to make decisions for you.
Guide
The Victorian enduring power of attorney form
The Victorian enduring power of attorney form is free. The Department of Justice and Community Safety publishes it as a fillable PDF, and you do not lodge it anywhere. This guide explains the choices it asks you to make. If you would like yours checked, our form check is $440.
Guide
Who can witness an enduring power of attorney in Victoria?
Two people must witness an enduring power of attorney in Victoria, and one of them must hold a particular qualification.
Guide
Choosing an attorney, and appointing more than one
Choosing an attorney matters more than any wording in the form.
Guide
Capacity: when is it too late to sign?
A power of attorney can be made only by a person who has the capacity to make it.
Guide
An attorney's duties and records
If you have been appointed as someone’s attorney, the law sets out the duties of an attorney.
Guide
Medical treatment decision maker and advance care directive
A Victorian enduring power of attorney made now cannot authorise medical treatment decisions.
Guide
Supportive attorneys and general (non-enduring) powers of attorney
An enduring power of attorney is not the only appointment under the Victorian Act.
Guide
Business owners and company directors
If you are the only person who can sign for your business, your loss of capacity can stop it overnight: wages unpaid, accounts frozen, contracts unsigned.
Power of attorney disputes: common questions
Have another question? Phone 1800 776 529 or send us a message.
Only where the VCAT Act allows it or VCAT permits it. See VCAT applications.
Usually not. Each party bears their own costs unless VCAT orders otherwise.
Yes. The Department of Justice and Community Safety publishes it. See The Victorian form.
No. A power made now cannot authorise medical treatment decisions. See Medical treatment decision maker and advance care directive.
When you say: immediately, when you lose capacity for the matter, or at another time or event. If the form says nothing, it starts on signing.
Yes, while you have capacity, using the prescribed form of revocation. See Revoking a power of attorney.
Generally yes, to the extent Victorian law allows the same powers. See Other States and Territories.
Power of attorney disputes: the law
- Powers of Attorney Act 2014 (Vic) ss 3, 39, 44, 45, 77, 79, 116, 118, 120, 133, 138.
- Guardianship and Administration Act 2019 (Vic) s 30.
- Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 62, 109.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
Send us an enquiry
We reply within one business day.
To send documents, use the Send instructions form. If something is about to happen in the next few days, such as a sale or a hearing, please also call us.
Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]