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New Powers of Attorney Act

Published on 18 Nov 2015 | Took place at RACV Club, Melbourne, VIC

New power of attorney laws came into effect in Victoria on 1 September 2015. Significant changes have been made to the types of enduring powers of attorney that are available, together with strengthened provisions to deal with misuse and abuse of enduring powers of attorneys. This event discussed the key changes, including:

  • types of enduring powers of attorney under the new legislation
  • capacity and execution of enduring powers of attorney
  • conflict transactions
  • the effect of new legislation on existing powers of attorney
  • the role of the ‘supportive attorney’
  • penalties for a breach of obligations by an attorney
  • estate planning opportunities under the new legislation
  • a practical discussion of enduring powers of attorney and different roles, including trustees, directors and appointors
  • enduring powers of attorney and superannuation (including binding death benefit nominations).

Individual sessions

Changes to power of attorney legislation in Victoria

Author(s):  William Moore

This paper covers:

  • summary of the key changes
  • non enduring powers of attorney
  • who can make an EPOA
  • decision making capacity
  • liability of attorney
  • making a supportive attorney appointment
  • VCAT jurisdiction.
Materials from this session: