When does an Enduring Power of Attorney end?
Particular events can end a power of attorney or end the powers of a particular attorney. For example, when you revoke (cancel) a power of attorney or when you die.
A court or tribunal in each state or territory has the power to revoke or cancel a power of attorney in some situations. In Victoria, the Supreme Court and Victorian Civil and Administrative Tribunal (VCAT) has this power. They might decide to revoke a power of attorney if an attorney was abusing their power.
In Victoria, your attorney will stop being able to make decisions for you if:
- they die, or are no longer able to make decisions for you
- they go bankrupt or are under administration
- they become your care worker, accommodation provider, or health provider
- they are your attorney for financial matters and they are convicted or found guilty of an offence involving being dishonest.
Your attorney’s power will also end if they resign. However, they can usually only resign if:
- you are still able to make decisions
- there is another attorney or an alternative attorney who can take over the role
- they apply to VCAT or the Supreme Court for permission to resign.
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