VIC Can Enduring Power of Attorney be Revoked?

[xeraphax]

Can a power of attorney that was decided 10 years ago be revoked at the request of the principal once he has been assessed and shown to have severe dementia, Alzheimer's and has been judged to not have the capacity to make decisions or look after himself? They are also showing confirmed signs of paranoia and delusions.

We are being told that VCAT can choose to override a PoA at the request of the principal regardless of what is in place. The attorney is still of sound mind and is fulfilling their duties as required.

If this is the case, what is the point of being appointed?

Thank you.

 

[Rob Legat - SBPL]

Because properly constituted courts and tribunals always have the ability to overturn a power of attorney if they consider it justified. They simply do not need to where the principal has a competent state of mind to do it themselves. However, they shouldn't take it lightly.