Guides / An attorney’s duties and records
An attorney's duties and records
If you have been appointed as someone's attorney, the law sets out the duties of an attorney. Most attorneys who get into trouble did not set out to do wrong: they mixed money, kept no records or helped themselves in ways the Act does not allow. Victorian law.
Duties of an attorney: in short
- Act honestly, diligently and in good faith, with reasonable skill and care.
- Do not profit from the position unless the power or a law specifically allows payment.
- Avoid conflicts of interest unless authorised by the power, the principal or VCAT.
- Keep information confidential.
- Keep accurate records and accounts.
Follow the person's wishes
Where the person has lost capacity, give effect to their wishes as far as practicable, involve them in decisions, and act in a way that promotes their personal and social wellbeing.
The duties of an attorney about records
Keep accurate records and accounts of all financial dealings and transactions, and of all material dealings about personal matters. VCAT can order you to lodge them and can have them audited.
Keep the money separate
Keep your property separate from the principal’s, except property you own jointly.
Conflict transactions
As attorney for financial matters you must not enter a transaction where your duty to the principal conflicts, or may conflict, with your interests or those of your relative, business associate or close friend. Examples: buying the principal’s house, lending yourself the principal’s money.
Exceptions: the principal authorised the transaction, that kind of transaction, or conflict transactions generally, before it happened; the principal, with capacity, validates it afterwards; or VCAT authorises or validates it. Dealing with property you already own jointly with the principal is not caught merely for that reason.
The duties of an attorney about gifts
Only if reasonable in all the circumstances, particularly the principal’s finances, and only (a) to a relative or close friend of the principal for a seasonal occasion or special event, or (b) a donation of a kind the principal made or might reasonably be expected to make. A gift to yourself, your relative or close friend, or an organisation you are connected with, is allowed within those limits, but if the total is $100 or more you must keep a written record of it. The Act allows another amount to be prescribed, and the Powers of Attorney Regulations 2025 prescribe none.
Dependants
You may provide for the needs of the principal’s dependants only if the power says so, and then only what is reasonable unless the power provides otherwise.
Before you first act because of lost capacity
Take reasonable steps to notify anyone the power says must be notified.
If it goes wrong
You can be ordered to compensate the principal for loss caused by a breach. If you acted honestly and reasonably and ought fairly to be excused, VCAT or the Supreme Court may relieve you of liability in whole or part. If you act on VCAT’s advice, direction or order, you are taken to have complied with the Act. VCAT can give an advisory opinion.
Stepping down
See Revoking a power of attorney for how an attorney resigns.
Duties of an attorney: common questions
Have another question? Phone 1800 776 529 or send us a message.
A real estate transaction is a financial matter an attorney can undertake, subject to the terms of the power and your duties. A person left the house in the principal’s will has the same interest in any unspent sale proceeds. Take advice before signing a contract. [CHECK: Land Use Victoria requirements for an attorney signing a transfer.]
Only if the power specifically authorises it or a law does.
No. You become attorney only by signing the acceptance, and you can resign.
Next step
Before a sale, a gift or a transaction you have an interest in, a short advice is $440. See Advice for attorneys or call 1800 776 529.
Duties of an attorney: the law
- Powers of Attorney Act 2014 (Vic) ss 3, 21, 37, 40, 56 to 61, 63 to 70, 74, 76, 77, 83A, 116, 121.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
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Phone: 1800 776 529
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