The Powers of Attorney Act 2014 commenced on 1 September 2015. Are the previous Powers of Attorney valid and how can the Principal revoke them?
Enduring powers of attorney (financial) and enduring powers of guardianship properly made before this date are valid.
Revocation of enduring power of attorney (financial)
A person who made an enduring power of attorney (financial) or enduring power of guardianship before 2015 can revoke the power by:
- telling the attorney that their power is withdrawn and destroying the enduring power of attorney document and any copies or
- completing a ‘Revocation of enduring power of attorney (financial)’ form and giving copies to the attorney(s).
It is also necessary to notify any relevant people or organisations who have a copy or knowledge of the power of attorney, of its revocation.
The Victorian Civil and Administrative Tribunal (VCAT) can revoke the appointment of an attorney if satisfied that it is in the best interests of the person who made the appointment to do so, and that person no longer has the capacity to revoke it.
