Disputes and advice / Advice for attorneys
Advice for attorneys
Acting as someone's attorney is unpaid, exposed work. One hour of advice before a large decision costs less than defending it afterwards. We give advice for attorneys before they act, and we act for attorneys who are accused of doing the wrong thing. Victorian law.
Get advice before you
- Sell or mortgage the home. [CHECK: Land Use Victoria requirements for an attorney signing.]
- Enter a transaction you or your family have an interest in: buying from the principal, borrowing, moving in rent free, paying yourself. These are conflict transactions unless authorised.
- Make gifts or “early inheritances”. The gift power is narrow.
- Pay for a relative’s needs from the principal’s money.
- Start acting because the principal has lost capacity. You may need evidence of that, and you may have to notify people named in the power.
- Disagree with your co-attorney.
- Want to step down.
Ways to protect yourself
- Records. Keep accurate records and accounts of every financial dealing. Keep the principal’s money separate from yours.
- Authorisation in advance. VCAT can authorise a conflict transaction before it happens, or validate one afterwards.
- An advisory opinion. VCAT can give an attorney an advisory opinion on any matter relating to the power.
- Acting on directions. An attorney who acts in compliance with VCAT’s or the Supreme Court’s advice, direction or order is taken to have complied with the Act.
If you are accused
- You may receive a VCAT application asking for your accounts, your removal, or compensation.
- Do not ignore it and do not move money in response.
- VCAT may excuse an attorney who acted honestly and reasonably and ought fairly to be excused.
- VCAT may revoke your appointment only if satisfied you are not complying with the Act and the principal has lost the capacity to make a power.
- Dishonest use of a power is a criminal offence. If police are involved, see a criminal lawyer before any interview. We do not act in criminal matters; we act in the VCAT and civil court side of the dispute.
Advice for attorneys: what it costs
A short advice for an attorney before a decision, for example a house sale or a gift, is $440 including GST. Where there is a dispute or an accusation, the first advice on the papers with a written plan is $880 including GST.
Next step
Send us the power of attorney and tell us what you are about to do, or what you are accused of. Ask for advice or call 1800 776 529.
Advice for attorneys: the law
- Powers of Attorney Act 2014 (Vic) ss 30, 39, 40, 56 to 61, 64 to 71, 74, 76, 77, 116, 120, 121, 135.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
Advice for attorneys: send us an enquiry
We reply within one business day.
To send documents, use the Send instructions form. If something is about to happen in the next few days, such as a sale or a hearing, please also call us.
Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]