Powers of Attorney Act 2014 (Vic)

In our July edition of Estate Insights, we reported on the introduction of Powers of Attorney Bill 2014 (Vic) in the lower house.  We outlined some of the major changes to the law relating to powers of attorney and guardianship that were contained in the proposed new legislation. 

The Bill has now passed both houses of Parliament and received Royal Assent of 26 August 2014.

The Act will come into effect on a day to be proclaimed, no later than 1 September 2015.

Guardianship and Administration Bill 2014

A further new Bill was moved in the lower house on 21 August. 

This Bill will replace Guardianship and Administration Act 1986, with significant changes.  The changes aim to:

  • provide the Victorian Civil and Administrative Tribunal (VCAT) with more flexible powers to customise its orders to the needs of people with impaired decision making capacity and their families;
  • improve VCAT processes when dealing with guardianship and administration applications;
  • introduce a streamlined process at VCAT to make it easier for parents of people with profound decision making incapacity to obtain a guardianship order or administration order;
  • assist the operation of the Office of the Public Advocate; and
  • ensure consistency with the Powers of Attorney Act 2014.

If passed and assented to, the Bill is intended to come into operation immediately after the Powers of Attorney Act 2014.