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Changing or cancelling your powers – frequently asked questions

Can I change an enduring power of attorney after someone begins exercising their powers?
What if my attorney makes financial or legal decisions that are not in my best interests or against my wishes before I have a chance to revoke their power?
Can my attorney continue to act if I have revoked the power, but have not been able to notify them of this?
Can my attorney resign?
What happens if my attorney dies?

Can I change an enduring power of attorney after someone begins exercising their powers?

Yes, but you can only change the powers by revoking them if you have capacity.

See ‘Making a power of attorney or guardianship’ for information about how capacity is determined.

Related pages

Making a power of attorney or guardianship

What if my attorney makes financial or legal decisions that are not in my best interests or against my wishes before I have a chance to revoke their power?

You will need to take legal action against your attorney to recover any losses. To do this, you need to show that your attorney acted without proper care.

Related pages

Protecting your best interests

Can my attorney continue to act if I have revoked the power, but have not been able to notify them of this?

Yes, so long as they are acting in good faith based on documents that they do not know are revoked.

Can my attorney resign?

Yes. If your attorney decides that they can no longer fulfil this role, they can resign by giving you a signed notice. They can also get leave to resign from the Guardianship List of the Victorian Civil and Administrative Tribunal or the Supreme Court if you do not have capacity.

What happens if my attorney dies?

If you have only appointed one attorney you will have to choose a new attorney and fill in new forms.

If you have appointed more than one attorney and they make decisions jointly they cannot act alone and you will need to appoint a new attorney.

If you have attorneys who make decisions jointly and severally the surviving attorney can still make decisions.

If you have appointed an alternative attorney they will take over the powers of your attorney.