POWERS OF ATTORNEY ACT 2014 - SECT 116 Matters about which VCAT may make an order

POWERS OF ATTORNEY ACT 2014 - SECT 116

    (1)     On application under Division 3, or on its own initiative in any hearing before it, VCAT may make an order about any one or more of the following matters in relation to an enduring power of attorney—

        (a)     any matter for or with respect to an attorney's power under the enduring power of attorney including the following—

              (i)     the scope of the power of attorney;

              (ii)     the exercise of the power of attorney;

        (b)     the effect of any failure to comply with the method of execution of enduring powers of attorney or of instruments of revocation of enduring powers of attorney required by this Act;

        (c)     the validity of the enduring power of attorney;

        (d)     the validity of a transaction by an attorney under the enduring power of attorney if VCAT is satisfied there has been a failure to comply with Part 6 or for any other reason;

        (e)     the lodgement with VCAT of accounts or other documents relating to the exercise of the enduring power of attorney over a specified period by the attorney responsible under this Act for keeping them;

        (f)     the examination and auditing of accounts or other documents relating to the exercise of the enduring power of attorney over a specified period, including—

              (i)     determining the person to be responsible for examining or auditing the accounts or other documents; and

              (ii)     whether the person responsible under subparagraph (i) for carrying out the examination or audit should be paid and the amount of any such payment;

        (g)     giving a report on any examination and audit conducted under an order under paragraph (f) to—

              (i)     VCAT; and

              (ii)     the applicant or any other person ordered by VCAT;

        (h)     any other matter VCAT considers necessary in relation to the enduring power of attorney.

    (2)     On application under Division 3, or on its own initiative in any hearing before it, VCAT may make an order about any one or more of the following matters in relation to a supportive attorney appointment—

        (a)     the principal's decision making capacity for the matters to which the supportive attorney appointment applies, whether at the time the appointment was made or any time after that, and the effect of the principal not having decision making capacity on the supportive attorney appointment;

        (b)     the effect on the supportive attorney appointment of any failure to comply with a requirement of this Act;

        (c)     whether the supportive attorney has failed to comply with the terms of the appointment or is exercising undue influence over the principal;

        (d)     any other matter VCAT considers necessary in relation to the supportive attorney appointment.

Note

Under the VCAT Act VCAT has powers to give directions and make declarations.