Revoking an enduring power of attorney

Written By For Good Digital

Under the POA Act, there are various ways in which an enduring power of attorney can be revoked:

  • according to its terms (s 43);

  • by the principal (s 44);

  • by the death of the principal (s 51);

  • by the death of the attorney (s 52);

  • by the attorney losing capacity (s 53);

  • by the attorney’s becoming insolvent, becoming a care worker, health provider or accommodation provider for the principal, or being convicted of a dishonesty offence (s 54);

  • by the principal making a later power of attorney (s 55); or

  • by the attorney’s resignation (ss 56–61).

Section 62 of the POA Act sets out how a power may continue when one attorney ceases but there are others involved. 

Revoking an enduring power of attorney

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: 776

Next Section: Supportive attorney

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The Victorian Civil and Administrative Tribunal’s role in relation to enduring powers of attorney
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