Powers of attorney

Before you apply - Powers of attorney

Decisions on issues about enduring powers of attorney or supportive attorney appointments.

Before you apply

Find out if you're in the right place

What we can help with

  • Suspend, cancel or vary the appointment of an enduring power of attorney or supportive power of attorney
  • Decide if an appointment is valid
  • Determine the liability of attorneys
  • Resolve disputes between attorneys
  • Order compensation for loss caused if an enduring attorney does not comply with the Powers of Attorney Act 2014
  • Decide whether a transaction by an attorney is valid

What we can't help with

Can’t see what you’re looking for?

Urgent applications and temporary orders

We can make an urgent order that covers a short time period if there’s an immediate risk of harm to someone’s health, welfare or property. If you are seriously concerned about someone who is, or may need to be, represented:

  • Contact the Office of the Public Advocate any time, including after hours, for an urgent temporary order
  • The OPA contacts us and we can make an urgent order without a hearing

We’ll review the order at a hearing as soon as possible.

Tell us more about your application
We’ll explain fees, timeframes and get you into the right application
What are you applying about?
Select one

Get help and advice before you apply

We can help you understand how to apply. We cannot give you legal advice or tell you what to write in your application. These organisations may be able to help you.

Office of the Public Advocate

Advice on guardianship and advocacy matters for Victorians living with a disability. Also undertakes the role of guardian for some Victorians.

https://www.publicadvocate.vic.gov.au/

Law Institute of Victoria (LIV)

Advice on the Victorian legal system and how to find a lawyer.

https://www.liv.asn.au/find-a-lawyer

Victoria Legal Aid

Free legal information over the phone. Call 1300 792 387, Monday to Friday from 8am to 6pm.

https://www.legalaid.vic.gov.au/

See more organisations

Example cases

Case 1: When a power of attorney is no longer what you need
You have an enduring power of attorney for your sister so you can manage her finances and medical treatment decisions. You have been unwell and also busy at work, so you don’t have time to be an attorney.
Your brother has come to VCAT because he believes your sister no longer has the capacity to make her own decisions. He wants to take on the role of decision-maker.
After talking to VCAT, you both understand that you can apply to have the power of attorney suspended, and to apply for the appointment of a guardian and administrator to make financial and lifestyle decisions for her.
Case 2: Support to come to VCAT
You’re a social worker and one of your clients needs to come to VCAT for a hearing. You’re worried that they may not cope and will need support when there. You can contact VCAT by email or phone to get practical support on the day (for example, accessibility information, a hearing loop or interpreter).
You can also arrange for them to attend remotely by phone if it is too difficult for them to travel.

Help and support

  • We can help you understand what the form is asking. If you need to help to fill in the VCAT application form, talk to us.

    • Call us on 1300 018 228, Monday - Friday 9am - 4.30pm. For guardianship cases call us 9am - 5pm.
    • If you’re overseas, call us on +61 3 8685 1462.
    • If you need to speak to someone in your own language you can ask for an interpreter. Call 2M Language Services on (03) 7036 7578.

    We can:

    • ask you questions about what you want
    • explain what the questions mean
    • explain what documents you need
    • explain the process.

    We can’t give you legal advice. This means we can’t:

    • tell you what to write
    • give you advice on how to present your case
    • give you advice on how to win the case.

    If you do choose to get legal advice, you’ll need to pay their fees (if any).

    If you want to talk about what you should do, you can access free or low-cost legal advice or find a private lawyer.

    See also What support can I get on the day at VCAT?

  • If you need an interpreter, contact us to arrange a professional interpreter (at no cost to you) before the hearing.

    Make sure you ask for an interpreter as early as you can.

    We connect with a large network of interpreters in 160 languages. Tell us in English what your language is when you ask for an interpreter. It’s best to ask when you apply to VCAT or as soon as possible after we’ve sent you your hearing date.

    We don’t allow a relative or friend to interpret for you at a hearing.

  • Most of our hearing locations are accessible. Contact us for accessibility information about a venue.

    We can also organise support for people with disability at VCAT.

    • We can arrange an assistive listening device or hearing loop for your hearing, compulsory conference or mediation. Contact us so we can have these facilities ready for you.
    • You can also ask to attend VCAT by telephone. 

    Our disability liaison officers can support you to access our services and venues.

    Ask for a disability liaison officer to help:

    Find out more about disability services at VCAT
     

  • We offer support to ensure VCAT is culturally safe and inclusive for Aboriginal and Torres Strait Islander people.

    We can help you with:

    • booking a Koori hearing room
    • organising a Koori Engagement Officer to attend your hearing or mediation with you
    • general information and advice about VCAT processes.

    Call our Koori Helpline to speak to a Koori Engagement Officer on 0417 516 335, Monday to Friday, 8.30am-4.30pm.
     
    Read more about Koori support at VCAT

See more help and support