Understanding powers of attorney

Under the POA Act, there are various ways in which an enduring power 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’s 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 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.