Guides / Choosing an attorney
Choosing an attorney, and appointing more than one
Choosing an attorney matters more than any wording in the form. This guide sets out who the law allows, the ways several attorneys can act, and the questions we ask in a meeting. Victorian law.
Choosing an attorney: in short
- An attorney must be 18 or over and not an insolvent under administration.
- An attorney for financial matters must not have a dishonesty conviction, unless it was disclosed to you and recorded in the power.
- Your care worker, health provider or accommodation provider cannot be your attorney.
- A trustee company can be an attorney for financial matters; the Public Advocate can be an attorney for personal matters.
- Two or more attorneys act jointly unless you say otherwise.
Four ways several attorneys can act
| How | What it means | Suits |
|---|---|---|
| Jointly | All must agree and all must sign | Safeguards over speed |
| Severally | Any one may act alone | Convenience; needs full trust in each |
| Jointly and severally | All together, or any one or more alone | Flexibility |
| By majority | A majority must agree and sign | Three or more attorneys |
You can also give different attorneys different matters, for example one for financial matters and another for personal matters. If they disagree on something both can decide, either may apply to VCAT, and unless the power or VCAT says otherwise the decision of the attorney for personal matters prevails.
Alternative attorneys
An alternative steps in when the attorney they replace dies, loses capacity, is unwilling or unable to act, or has their appointment revoked by law, or in other circumstances you specify.
If one attorney drops out
The remaining attorneys can generally continue. If majority attorneys can no longer form a majority, those left must act jointly. You can provide otherwise in the power.
Questions we ask
- Is this person good with money, and with their own?
- Do they live close enough to act?
- How do your children get on with each other, and would joint decisions work?
- Does the attorney co-own anything with you, owe you money or stand to inherit? Then the conflict rules need attention.
- Who will check on the attorney? You can name a person to be notified when the attorney starts acting and require accounts to be shown.
Choosing an attorney: common questions
Have another question? Phone 1800 776 529 or send us a message.
The Act does not require an attorney to live in Victoria. Practicality is another matter.
Yes, for example “my accountant from time to time”. [CHECK: example wording.]
Only if the power or a law specifically authorises it.
Next step
We go through these choices with you in a meeting. Send instructions or call 1800 776 529.
Choosing an attorney: the law
- Powers of Attorney Act 2014 (Vic) ss 28 to 31, 40, 62, 64, 65, 70, 71.
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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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]