Enduring powers of attorney in Victoria changed on 1 September 2015, with the commencement of the Powers of Attorney Act 2014. Now powers of attorney appointments must be made under the new Powers of Attorney Act using the new forms.

The enduring power of attorney (medical treatment) is the only power of attorney that did not change. The form for the enduring power of attorney (medical treatment) remains the same.

Enduring powers of attorney (financial) and enduring powers of guardianship properly made before 1 September 2015 are valid. 

Find information below about the:

• role and responsibilities of attorneys and enduring guardians appointed before 1 September 2015
• revoking (cancelling) powers of attorney made before 1 September 2015.

Advice for attorneys and enduring guardians

Advice for attorneys appointed under an enduring power of attorney (financial)

Advice for enduring guardians appointed under an enduring power of guardianship

Revoking (cancelling) powers of attorney

The person who made the power of attorney can revoke (cancel) the power of attorney at any time as long as they have capacity to do so.

Revocation of enduring power of attorney (financial)

A person who made an enduring power of attorney (financial) or enduring power of guardianship before 2015 can revoke the power by:

• telling the attorney that their power is withdrawn and destroying the enduring power of attorney document and any copies or
• completing a ‘Revocation of enduring power of attorney (financial)’ form (see right menu) and giving copies to the attorney(s).

It is also necessary to notify any relevant people or organisations who have a copy or knowledge of the power of attorney, of its revocation.

The Victorian Civil and Administrative Tribunal can revoke the appointment of an attorney if VCAT is satisfied that it is in the best interests of the person who made the appointment to do so, and that person no longer has capacity to revoke the enduring power of attorney (financial).

Revocation of enduring power of guardianship

The person who made the appointment can revoke (cancel) the appointment at any time, as long as they understand the nature and effect of revoking the power.

To do this, they complete a ‘Revocation of appointment of enduring guardian’ form (see right menu) and give a copy of this to the enduring guardian. 

It is also necessary to notify any relevant people or organisations who have a copy or knowledge of the enduring power of guardianship, of its revocation.

Revocation of general power of attorney

The person who made the general power of attorney can revoke it at any time, as long as they have decision making capacity to do so. 

(Note: General powers of attorney do not endure (continue).  This means if the person who made the general power of attorney no longer has decision making capacity to revoke the general power of attorney, the power will be revoked anyway, for the reason that the person does not have decision making capacity.)

The person who made the appointment can revoke the general power of attorney by telling their attorney(s) that their power is withdrawn and destroying the general power of attorney and any copies.  OPA recommends that the person revokes the power by filling out the 'Revocation of general power of attorney' form provided here (see right menu).  OPA also recommends the person signs the form in front of a witness.  They should give a copy of the revocation form to their attorney(s).  They should keep the revocation form for their records and a record of when they gave the revocation form to their attorney(s).  Completing the revocation form helps to make sure that the attorney(s) understands that the power has been revoked.  It is also necessary to notify any relevant people or organisations who have a copy or knowledge of the power of attorney, of its revocation.

The attorney(s) should return the general power of attorney document and any copies.