When does an Enduring Power of Attorney end?
Various events may bring a power of attorney, or the powers of a particular attorney, to an end. For example, the power will no longer be effective when you revoke it, or when you die.
A court or tribunal within each jurisdiction (in Victoria, the Supreme Court and VCAT) has the power to revoke a power of attorney in some circumstances; for example, to prevent an attorney from abusing their power.
In Victoria, your appointed attorneys will cease to have the ability to make decisions for you when:
- they die, or no longer have decision making capacity for the matters for which you have given them power
- they become an insolvent under administration
- they become your care worker, accommodation provider, or health provider, or
- in the case of an an attorney for financial matters, they are convicted or found guilty of an offence involving dishonesty.
Your attorney’s power will also end if they resign. However, they can generally only resign if you still have decision making capacity, or if there is another existing attorney or an alternative attorney who can fulfil the role. In other cases, they must apply to VCAT or the Supreme Court for permission to resign.
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