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Plan for the future

  • Future planning in the time of COVID-19
  • Why plan ahead?
  • When a person cannot plan for their future
  • The planning process
  • Appointing a person to support you in making decisions
  • Making an enduring power of attorney
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Information for attorneys

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If you are an attorney appointed under an enduring power of attorney, you have obligations under the Powers of Attorney Act 2014. 

See the right menu for OPA's 'Information for attorneys' fact sheet and 'Guide for attorneys' that explains the obligations, powers and duties of an attorney in more detail. 

About enduring powers of attorney

An enduring power of attorney is a legal document where a person (known as the principal) appoints substitute decision makers (knowns as their attorneys) who can make decisions for them.

If you are appointed as an attorney, or alternative attorney, you sign the form to state that you understand the obligations of an attorney and the consequences of failing to comply with those obligations.

You may have been appointed as an attorney for financial matters, personal matters, or both.

Read examples of financial and personal matters.

What it means to be eligible to be an attorney

Anyone appointed as an attorney must be eligible to be an attorney. 

Read about who is eligible to be an attorney.

If you become no longer eligible to be an attorney, complete the 'Enduring power of attorney notification of revocation form' (see right menu).

Compensation orders and offences

If you are an attorney and you fail to properly undertake your duties or obligations, and this results in a loss to the principal, you may be ordered to pay compensation. You can be charged with a criminal offence if you dishonestly use the enduring power for financial advantage. Read about compensation orders and offences.

If you wish to resign

You can resign while the principal still has decision making capacity for the matter(s) for which you were appointed. 

You can resign when the principal does not have decision making capacity for the matter(s) for which you were appointed:

  • if there is another attorney or alternative attorney willing to act who has power for the matter(s) or
  • with leave of VCAT or the Supreme Court.

To resign, you must:

  • complete the 'Enduring power of attorney resignation form' (see right menu)
  • take reasonable steps to inform the principal and any other attorneys. 

The Victorian Civil and Administrative Tribunal and advisory opinions

The Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) can give an advisory opinion to an attorney. 

If you are an attorney and are unsure how to comply with your obligations and duties as an attorney, you can seek the advice of VCAT.  VCAT is less formal than a court and holds hearings around Victoria.  VCAT does not charge a fee.  

Powers of attorney fact sheets

  • Questions for your lawyer
  • Before you sign checklist
  • Information for attorneys
  • Information for supportive attorneys
  • Information for witnesses - Enduring power of attorney
  • Information for witnesses -Supportive attorney
  • Powers of Attorney Amendment Act 2016
  • Enduring Powers of Attorney:transitional provisions
  • Revocation of appointments of enduring powers of attorney and other appointments
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Level 1, 204 Lygon Street
Carlton, Victoria 3053
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Phone: 1300 309 337

TTY: 1300 305 612

Fax: 1300 787 510

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The Office of the Public Advocate is located on the land of the Traditional Owners, the Wurundjeri people of the Kulin Nations. We acknowledge their history, culture and Elders both past and present.