Disputes and advice / VCAT applications
VCAT applications about a power of attorney
VCAT, the Victorian Civil and Administrative Tribunal, decides most disputes about an enduring power of attorney: whether a power is valid, what the attorney may do, and what happens when an attorney does the wrong thing. We prepare and run these applications and act for people responding to them.
VCAT power of attorney: in short
- VCAT can rule on the scope and exercise of the power, its validity, the validity of a transaction, and the lodging and audit of accounts.
- It can revoke, vary or suspend a power and revoke an attorney’s appointment.
- The person, an attorney, the Public Advocate, the nearest relative or a person with a special interest can apply.
- A party can apply for a rehearing within 28 days of the order.
- A first advice on the papers, with a written plan, is a fixed fee of $880 including GST.
What VCAT can decide about a power of attorney
- Is the power valid? VCAT may declare a power invalid only if satisfied that the person lacked capacity when it was made, that it did not comply with the Act, that dishonesty or undue influence was used, or that it was legally invalid when entered into. A power declared invalid is void from the start.
- Signed wrongly, but genuine? VCAT may hold a power valid despite a signing defect, if satisfied the person and the attorney intended an enduring power, the person had capacity, and the person signed freely or freely directed someone to sign.
- What may the attorney do? Orders about the scope and exercise of the power, including where several attorneys cannot act as the power requires.
- Conflict transactions. VCAT can authorise a transaction in advance or validate one already done.
- Accounts. Orders to lodge accounts and have them examined or audited.
- Compensation. VCAT or the Supreme Court can order an attorney to compensate for loss; VCAT may refer a compensation claim to the Supreme Court.
- Advice. VCAT can give an advisory opinion to the person, an attorney, the Public Advocate or a person with a special interest.
Who is told about the application
The person who made the power, the attorneys and the applicant are entitled to notice, with others VCAT decides should be told, such as a guardian or administrator, a primary carer, a domestic partner, the nearest relative and the Public Advocate. The person and the attorneys are parties.
Rehearing
A party to the first hearing may apply for a rehearing. Others need VCAT’s leave. The application must be made within 28 days after the day of the order; if written reasons are requested after oral reasons, time runs from the day the written reasons are given. There is no rehearing of an order suspending a power, or of an order made by VCAT constituted by the President. Applying does not stop the order operating unless VCAT orders a stay.
Representation
A party may appear in person. A lawyer may represent a party only in the cases the VCAT Act allows: where another party is a lawyer or is represented by one, where all parties agree, or where VCAT permits it. We ask for permission where it is needed. Where it is refused, we prepare the application, the evidence and your notes for the hearing, and you speak for yourself.
Costs
Each party bears their own costs unless VCAT orders otherwise. VCAT may order one party to pay another’s costs only if satisfied it is fair, having regard to matters such as conduct that unnecessarily disadvantaged the other party, unreasonably prolonging the proceeding, and a claim with no tenable basis.
Privacy
Unless VCAT orders otherwise, no one may publish a report of the proceeding that identifies a party.
Appeal
A party may appeal to the Supreme Court on a question of law, with leave. The application for leave must be made within 28 days after the day of the order.
VCAT and a power of attorney made under the earlier law
Enduring powers of attorney made before the Act commenced on 1 September 2015 remain valid, and VCAT’s powers over the attorney’s conduct and accounts apply to them.
VCAT power of attorney: what it costs
First advice on the papers, with a meeting of up to half an hour and a written plan: $880 including GST. The application and the hearing are quoted in stages after that. Where a stage cannot be fixed, we charge $500 an hour plus GST and give an estimate first. See Fees.
Next step
Send us the power of attorney and any VCAT papers. If VCAT has made an order, tell us its date: the 28 days run from it. Send us the documents or call 1800 776 529.
VCAT power of attorney: the law
- Powers of Attorney Act 2014 (Vic) ss 2, 65, 77, 80, 116 to 133, 142, 152.
- Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 62, 109, 148, sch 1 cl 51AJ.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
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]