Revocation of Enduring Power of Attorney (VIC)A Revocation of Enduring Power of Attorney is a legal document that gives you the ability to revoke an enduring power of attorney that you previously gave.
If you give someone the power of attorney to manage your affairs they can legally act on your behalf until their powers are officially revoked. As the principal (the person granting this power), it is within your rights to revoke your attorney's powers at any time for any reason, as long as you maintain legal capacity. This revocation is effective for both general and enduring powers of attorney. For a simpler revocation that is only effective for general powers of attorney, see Revocation of General Power of Attorney (VIC).
It is strongly advised that any customisation of this form should be restricted to the fields in the questionnaire, as the legislation requires specific wording to be used. Where text remains that is not applicable to your circumstances, such as the text relating to how multiple attorneys will exercise their powers, this text should be left in its original form.
Generally, the attorney(s) appointed under the original power of attorney need to be notified of the revocation for the revocation to be effective. It is also good practice to notify any parties with whom the attorney(s) may have had dealings in exercising that role.
You should notify Land.Vic of the revocation if the power of attorney gave the power to deal with land and/or was registered at Land.Vic.
Notes for witnessing
After completing the form, you must:
- sign the form (or have a person sign at your direction) in front of two witnesses (witnessing may be done remotely);
- have your two witnesses sign and date the form in front of you and each other;
- have the attorney(s) sign the statement of acceptance in front of a witness; and
- have a witness sign for each attorney’s statement of acceptance.
The form may also be signed on your behalf by someone acting at your direction where, for instance, you have the capacity to make decisions but have lost control of your hands. This person must be 18 or over, and may not be a witness to or an attorney under this power of attorney. Where this is the case, the witnesses to your signature must certify that they saw the you freely and voluntarily direct the person to sign on your behalf.
Either or both of the witnesses to your signature can also witness the attorneys' statements of acceptance.
One of the witnesses to an enduring power of attorney must be:
- a medical practitioner; or
- a person who is authorised to witness affidavits.
A witness cannot be:
- under 18 years of age;
- your relative;
- someone being appointed as an attorney(s);
- a relative of your attorney(s);
- your care worker; or
- your accommodation provider.
A person who has signed the form on your behalf (if you cannot physically sign) also cannot be your witness.
Remote signing and witnessing
In Victoria, this revocation form may be witnessed electronically in the same manner as enduring powers of attorney. The required procedure is outlined at https://www.justice.vic.gov.au/justice-system/legal-assistance/powers-of-attorney-documents-online-witnessing
Where the form is being witnessed electronically, it may also be signed electronically. We recommend the following procedure. The witness must have an audio-visual link with the person making the declaration throughout the entire process. The camera must be pointed at the person and the screen where the person will electronically sign the declaration. Once the declaration has been signed by the person, they will typically then receive the declaration by electronic means, sign it electronically themselves, and send it back to the person. The signatures and initials can be inserted on the Lawpath platform.
Additional information on the requirements of electronic signing can be found at https://www.justice.vic.gov.au/electronicwitnessing
- What Does Power of Attorney Mean?
- Power of Attorney: General v Enduring
- How Do I Make a Power of Attorney?