Introduction

When an adult loses decision-making capacity because of a disability, the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT) can select and appoint guardians and administrators if necessary. (See ‘Mental health treatment, capacity and consent’ in Chapter 8.1: Understanding disability and the law.) Generally, a VCAT appointment is not required if an enduring power of attorney already exists. This means that the cost and inconvenience of a VCAT application, a hearing, and ongoing periodic reviews can be avoided. So, it is a good idea to consider providing for some or all of the enduring powers described in this chapter, in case of any sudden or gradual onset of a disabling condition. 

The person who appoints a power of attorney is called the ‘principal’.

Note that the general (non-enduring) power of attorney has not been included here as it’s not relevant to the area of disability and guardianship, as it lapses if the principal loses decision-making capacity.

Introduction

Chapter: 8.6: Understanding powers of attorney

Contributor: Philip Grano, Former Principal Lawyer, Office of the Public Advocate

Current as of: 1 September 2024

Law Handbook Page: 773

Next Section: What is an enduring power of attorney?