An enduring power of attorney is a good idea in cases of any sudden or gradual onset of a disabling condition. The differences of general powers of attorney, enduring powers of attorney and guardianship are explained.

Contributor

Philip Grano

Principal Legal Officer, Office of the Public Advocate

Revoking an enduring power of attorney

Last updated

1 July 2020

Under the POA Act, there are various ways in which an enduring powerpower 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 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, inconsistent power of attorney (s 55);
  • 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.

For VCAT’s powers to suspend or revoke an enduring power of attorney where the attorney claims not to have been making decisions pursuant to it, see WRU (Guardianship) [2018] VCAT 1533.

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