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

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VCAT has an extensive jurisdiction in relation to enduring powers of attorney (POA Act pt 8). VCAT can determine:

  • the scope and exercise of the enduring power of attorney;

  • the effect of any failure to execute the enduring power of attorney properly;

  • the validity of the enduring power of attorney;

  • the validity of any transaction made under the enduring power of attorney; and

  • the lodging, examination and auditing of accounts (see POA Act s 116).

The POA Act (s 119) sets out the elements VCAT must consider when determining matters such as the validity of an enduring power of attorney and its proper execution. If the enduring power of attorney is found to be invalid, it is void from the beginning.

There are limitations on who can apply to VCAT in relation to an enduring power of attorney. If a person can demonstrate a special interest in the affairs of the principal to VCAT’s satisfaction, they will have standing to apply (see s 122). The POA Act states who must be notified of an application (s 123) and who will be parties to the application (s 124).

There is scope for a rehearing to a more senior member of VCAT. An application for a rehearing must be made within 28 days of the making of the order (see POA Act pt 8 divs 4–5).

Both VCAT and the Supreme Court may order an attorney to compensate the principal for a loss caused by the attorney contravening a provision of the POA Act (ss 77–80). 

The Victorian Civil and Administrative Tribunal’s role in relation to enduring powers 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: 775

Next Section: Revoking an enduring power of attorney

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