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POWERS OF ATTORNEY ACT 2014 - SECT 120 Nature of VCAT orders

POWERS OF ATTORNEY ACT 2014 - SECT 120

Nature of VCAT orders

    (1)     In an order under section 116 in relation to an enduring power of attorney, VCAT may do any one or more of the following—

        (a)     revoke all or part of the enduring power of attorney;

        (b)     revoke the appointment of an attorney under the enduring power of attorney;

        (c)     vary the effect of the enduring power of attorney;

        (d)     suspend the enduring power of attorney for a specified period, either generally or as to a specified matter;

        (e)     authorise or validate a transaction for the purpose of section 65 ;

        (f)     make any other order it considers necessary in relation to the enduring power of attorney;

        (g)     do any other thing that VCAT is required or permitted to do by this Act.

    (2)     Before making an order under subsection (1)(b) to revoke the appointment of an attorney under an enduring power of attorney VCAT must be satisfied that—

        (a)     the attorney is not complying with provisions of this Act that relate to enduring powers of attorney; and

        (b)     the principal does not have decision making capacity in relation to making an enduring power of attorney giving the same power.

    (3)     In an order under section 116 in relation to a supportive attorney appointment, VCAT may do any one or more of the following—

        (a)     revoke the supportive attorney appointment or the appointment of a supportive attorney under the supportive attorney appointment;

        (b)     vary the effect of the supportive attorney appointment;

        (c)     suspend the supportive attorney appointment for a specified period, either generally or as to a specified matter;

        (d)     make any other order it considers necessary in relation to the supportive attorney appointment.