The Power of Attorney Act 2014 (Vic) ("the Act") came into effect on 1 September 2015. The Act and related Regulations, are most significant for its merger of the old Enduring Power of Attorney (Financial) with the Enduring Power of Guardianship giving powers as to personal matters, into one form of Enduring Power of Attorney. It also provides an updated statutory General Power of Attorney and introduces a form for “Supportive Power of Attorney”.

The Act contains a number of restrictions on accommodation providers.

Accommodation providers are prohibited from:

  1. Acting as either an attorney or a supportive attorney;
  2. Witnessing the signing of a form appointing an attorney or supportive attorney; or
  3. Witnessing the signing of a form revoking an appointment of an attorney or a supportive attorney.  

Accommodation providers are NOT prohibited from witnessing the Attorney’s or Supportive Attorney’s acceptance of appointment.

The Act defines an accommodation provider as “…a person who is, in a professional or administrative capacity, directly or indirectly responsible for or involved in the provision of accommodation to the individual.”