Powers of Attorney Regulations 2025 (Victoria)

These Regulations prescribe the standard forms and procedural matters to be used under the Powers of Attorney Act 2014. The Regulations state their objective plainly: to prescribe forms and other matters for the purposes of the Act (regulation 1). They do not amend the Act itself; they are a subordinate instrument made under section 139 of the Act (regulation 2), commenced on 10 August 2025 (regulation 3), and revoke the earlier subordinate instruments identified in regulation 4(a)-(c).

Mechanically, the instrument replaces previous regulations and supplies a Schedule of seven forms (Schedule 1, Forms 1-7) and subparts for different signatures and acceptance statements. The Regulations map specific forms to particular sections of the Act:

Enduring power of attorney: the prescribed form for section 32 is Part 1 of Form 1; prescribed statements of acceptance for sections 37 and 38 are Parts 2 and 3 of Form 1 respectively (regulation 6).
Revocation by the principal of enduring powers or related appointments: the prescribed form for the Act’s revocation provision is Form 2 (regulation 7).
Attorney notification of disqualification events (insolvency, conviction for dishonesty, becoming a care worker/ accommodation provider): Form 3 is prescribed for the purposes of section 54(5) (regulation 8).
Resignation by an attorney or alternative attorney: Form 4 is prescribed for sections 57 and 60 (regulation 9).
Supportive attorney appointment: Part 1 of Form 5 is prescribed under section 94; Parts 2 and 3 of Form 5 are prescribed statements of acceptance under sections 99 and 100 (regulation 10).
Revocation and resignation for supportive attorney appointments: Form 6 is prescribed for section 104 (regulation 11) and Form 7 for section 112 (regulation 12).

Version No. 001

Powers of Attorney Regulations 2025

S.R. No. 73/2025

Version as at
10 August 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definition 1

Part 2—Prescribed forms 2

6 Enduring power of attorney 2

7 Revocation by principal of enduring power of attorney or appointment of attorney/alternative attorney 2

8 Notification by attorney 2

9 Resignation by attorney or alternative attorney 2

10 Appointment of supportive attorney 2

11 Revocation by principal of supportive attorney appointment or appointment of supportive attorney/alternative supportive attorney 3

12 Resignation by supportive attorney or alternative supportive attorney 3

Schedule 1—Forms 4

═════════════

Endnotes 29

1 General information 29

2 Table of Amendments 31

3 Explanatory details 32

Version No. 001

Powers of Attorney Regulations 2025

S.R. No. 73/2025

Version as at
10 August 2025

Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe forms and other matters for the purposes of the Powers of Attorney Act 2014.

2 Authorising provision

These Regulations are made under section 139 of the Powers of Attorney Act 2014.

3 Commencement

These Regulations come into operation on 10 August 2025.

4 Revocations

The following Regulations are revoked—

(a) the Powers of Attorney Regulations 2015[1];

(b) the Powers of Attorney Amendment Regulations 2017[2];

5 Definition

In these Regulations—

the Act means the Powers of Attorney Act 2014.

Part 2—Prescribed forms

6 Enduring power of attorney

(1) For the purposes of section 32 of the Act, the prescribed form is Part 1 of Form 1 of Schedule 1.

(2) For the purposes of section 37 of the Act, the prescribed form of statement of acceptance is Part 2 of Form 1 of Schedule 1.

(3) For the purposes of section 38 of the Act, the prescribed form of statement of acceptance is Part 3 of Form 1 of Schedule 1.

7 Revocation by principal of enduring power of attorney or appointment of attorney/alternative attorney

For the purposes of section 45 of the Act, the prescribed form is Form 2 of Schedule 1.

8 Notification by attorney

For the purposes of section 54(5) of the Act, the prescribed form is Form 3 of Schedule 1.

9 Resignation by attorney or alternative attorney

For the purposes of sections 57 and 60 of the Act, the prescribed form is Form 4 of Schedule 1.

10 Appointment of supportive attorney

(1) For the purposes of section 94 of the Act, the prescribed form is Part 1 of Form 5 of Schedule 1.

(2) For the purposes of section 99 of the Act, the prescribed form of statement of acceptance is Part 2 of Form 5 of Schedule 1.

(3) For the purposes of section 100 of the Act, the prescribed form of statement of acceptance is Part 3 of Form 5 of Schedule 1.

11 Revocation by principal of supportive attorney appointment or appointment of supportive attorney/alternative supportive attorney

For the purposes of section 104 of the Act, the prescribed form is Form 6 of Schedule 1.

12 Resignation by supportive attorney or alternative supportive attorney

For the purposes of section 112 of the Act, the prescribed form is Form 7 of Schedule 1.

Schedule 1—Forms

Form 1

Part 1

ENDURING POWER OF ATTORNEY

Regulation 6

Name of principal:

Address of principal:

APPOINTMENT

I appoint [insert name of one or more persons or position] of [insert address(es) of persons or position]

*to be my attorney

*to be my joint attorneys

*to be my several attorneys

*to be my joint and several attorneys

*to be my majority attorneys

*and I appoint [insert name of one or more persons or position] of [insert address(es) of persons or position] as alternative attorney for [insert name of one attorney]

*and I appoint [insert name of one person or position] of [insert address of person or position] as alternative attorney for [insert names of more than one attorney]

Note: Under section 31(3) of the Powers of Attorney Act 2014, an alternative attorney must act under the enduring power of attorney in the same manner as the attorney for whom the alternative attorney is appointed to act unless you provide otherwise.

AUTHORISATION

I authorise my attorney(s):

*to do anything on my behalf that I can lawfully do by an attorney.

*to do anything on my behalf that I can lawfully do by an attorney for—

[select all that apply and complete as required]

*personal matters only.

*financial matters only.

*the following specified personal matter(s): [list matter(s)]

*the following specified financial matter(s): [list matter(s)]

Note: Personal matter is defined under section 3(1) of the Powers of Attorney Act 2014 to mean any matter, including any legal matter, relating to the principal's personal or lifestyle affairs, but does not include any matter that relates to medical treatment or medical research procedures.

Financial matter is defined under section 3(1) of the Powers of Attorney Act 2014 to mean any matter, including any legal matter, relating to the principal's financial or property affairs.

*EXISTING ENDURING POWER OF ATTORNEY NOT REVOKED

*I specify that the enduring power of attorney made by me on [insert date made if known, or if not known, the name of the attorney(s) appointed and their authorised power(s)] is not revoked by this enduring power of attorney.

*I specify that the following parts of the enduring power of attorney made by me on [insert date made if known, or if not known, the name of the attorney(s) appointed and their authorised power(s)] are not revoked by this enduring power of attorney.

*Note: Under section 55 of the Powers of Attorney Act 2014, an enduring power of attorney is revoked by a later enduring power of attorney of the principal, unless the principal specifies otherwise in the later enduring power of attorney.

Under sections 142, 143, 152 and 153 of the Powers of Attorney Act 2014, an enduring power of attorney is taken to include an existing enduring power of attorney made before 1 September 2015 under the Instruments Act 1958 and an existing appointment of an enduring guardian made before 1 September 2015 under the Guardianship and Administration Act 1986.

COMMENCEMENT

[Principal to complete if all powers under the enduring power of attorney are to commence at the same time]

*All powers under this enduring power of attorney are exercisable:

[then select one of the following options]

*immediately on the making of this enduring power of attorney.

*when I cease to have decision making capacity for the matter(s).

*from the time, in the circumstance or on the occasion specified as follows: [insert time, circumstance or occasion]

[If principal is authorising different commencements for powers for different matters under the enduring power of attorney]:

*The powers under this enduring power of attorney for [insert specified matter(s)] are exercisable:

[then select one of the following options]

*immediately on the making of this enduring power of attorney.

*when I cease to have decision making capacity for the matter(s).

*from the time, in the circumstance or on the occasion specified as follows: [insert time, circumstance, or occasion on which powers are to commence for the matter(s) specified]

[Repeat as required until all matters have a commencement instruction]

*CONDITIONS AND INSTRUCTIONS

The exercise of power under this enduring power of attorney is subject to the following conditions or instructions:

EXECUTION BY PRINCIPAL

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this enduring power of attorney at the direction of and in the presence of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

CERTIFICATION OF WITNESSES

Witnessed by:

Name of first witness:

Address of first witness:

Name of second witness:

Address of second witness:

Each witness certifies that:

*the principal appeared to freely and voluntarily sign this instrument in my presence;

*[If witnessing another person signing at the direction of and in the presence of the principal] in my presence, the principal appeared to freely and voluntarily direct the person to sign for the principal and that person signed this instrument in my presence and in the presence of the principal;

AND [to be completed in all cases]

 at that time, the principal appeared to me to have decision making capacity in relation to the making of this enduring power of attorney; and

 I am not an attorney under this enduring power of attorney; and

 I am not a relative of the principal or of an attorney under this enduring power of attorney; and

 I am not a care worker or accommodation provider for the principal.

Note: care worker and accommodation provider are defined under section 3(1) of the Powers of Attorney Act 2014.

*[If witnessing another person signing at the direction of and in the presence of the principal] I am not the person who is signing at the direction of the principal.

Is any witness witnessing the signing of this instrument by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014? [tick appropriate box]

Note: under section 5A of the Powers of Attorney Act 2014, one or more of the witnesses may witness the signing of the instrument by audio visual link.

🞏 Yes [proceed to Additional certification—remote witnessing procedure]

🞏 No [proceed to signing]

Additional certification—remote witnessing procedure

Certification by special witness

Name of witness acting as special witness: [insert name of witness acting as special witness]

I certify that:

• I witnessed the signing of this enduring power of attorney by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

• I am a special witness as:

*an Australian legal practitioner; and

*a justice of the peace appointed under section 7 of the Honorary Justices Act 2014; and

• this enduring power of attorney was signed and witnessed in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

• an audio visual recording:

*was

*was not

made of the signing and witnessing of this enduring power of attorney by the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Note: Under section 5C of the Powers of Attorney Act 2014, an audio visual recording of the execution or signing of an enduring power of attorney by the remote witnessing procedure may be made only if all of the parties to the procedure consent to a recording being made.

*Certification by other witness

***[Other witness (witness not acting as special witness) to complete this section if using the remote witnessing procedure]

*I witnessed the signing of this enduring power of attorney by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Signed:

First witness: [signature of first witness]

*Qualification: [if first witness is witnessing in the physical presence of the principal and is acting as a medical practitioner or person authorised to witness affidavits]

Second witness: [signature of second witness]

*Qualification: [if second witness is witnessing in the physical presence of the principal and is acting as a medical practitioner or person authorised to witness affidavits]

Date:

*Note: If the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014 is used by one or more witnesses to witness the signing of this enduring power of attorney, the following requirements apply to any witness attending by audio visual link:

 the witness must sign and date this enduring power of attorney in the presence by audio visual link of the principal and any other witnesses; and

 one of the witnesses must be a special witness as defined under section 3(1) of the Powers of Attorney Act 2014 (an Australian legal practitioner or justice of the peace); and

 the special witness must sign this enduring power of attorney last (following the principal and other witnesses), regardless of whether the special witness is physically present; and

 all elements of the remote witnessing procedure must be carried out on the same day and within Victoria.

*Delete if not applicable.

Part 2

STATEMENT OF ACCEPTANCE OF APPOINTMENT—ATTORNEY

Name of attorney:

Address of attorney:

I accept my appointment as attorney under this enduring power of attorney and state that:

 I am eligible under Part 3 of the Powers of Attorney Act 2014 to act as an attorney under an enduring power of attorney; and

 I understand the obligations of an attorney under an enduring power of attorney and under the Powers of Attorney Act 2014 and the consequences of failing to comply with those obligations; and

 I undertake to act in accordance with the provisions of the Powers of Attorney Act 2014 that relate to enduring powers of attorney.

*[If appointed for financial matters and you have been convicted or found guilty of an offence involving dishonesty] I have disclosed to the principal that I have been convicted or found guilty of an offence involving dishonesty.

Signed: [signature of attorney]

Date:

*Position: [if appointed as the occupant of a position]

Witnessed by:

Name of witness:

Address of witness:

*[If witnessing in the physical presence of the attorney] I witnessed the signing of the statement of acceptance by the attorney.

*[If witnessed in accordance with the remote witnessing procedure] I witnessed the signing of this statement of acceptance by the attorney by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Signed: [signature of witness]

Date:

Note: Each attorney must sign a statement of acceptance and it must be witnessed separately in the enduring power of attorney.

If the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014 is used by one or more witnesses to witness the signing of this statement of acceptance, all elements of the remote witnessing procedure must be carried out on the same day and within Victoria.

*Delete if not applicable.

Part 3

STATEMENT OF ACCEPTANCE OF APPOINTMENT—ALTERNATIVE ATTORNEY

[To be completed only if the principal has appointed an alternative attorney in Part 1. Complete a separate form for each alternative attorney appointed]

Name of alternative attorney:

Address of alternative attorney:

I accept my appointment as an alternative attorney under this enduring power of attorney and state that:

 I am eligible under Part 3 of the Powers of Attorney Act 2014 to act as an attorney under an enduring power of attorney; and

 I understand the obligations of an attorney under an enduring power of attorney and under the Powers of Attorney Act 2014 and the consequences of failing to comply with those obligations; and

 I undertake to act in accordance with the provisions of the Powers of Attorney Act 2014 that relate to enduring powers of attorney; and

 I understand the circumstances in which the alternative attorney is authorised to act under the Powers of Attorney Act 2014; and

 I am prepared to act in place of the attorney for whom I am appointed, if still eligible to act as attorney, when authorised to do so under the Powers of Attorney Act 2014.

Signed: [signature of alternative attorney]

Date:

*Position: [if appointed as the occupant of a position]

Witnessed by:

Name of witness:

Address of witness:

*[If witnessed in the physical presence of the alternative attorney] I witnessed the signing of the statement of acceptance by the alternative attorney.

*[If witnessed in accordance with the remote witnessing procedure] I witnessed the signing of this statement of acceptance by the alternative attorney by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Signed: [signature of witness]

Date:

Note: Each alternative attorney must sign a statement of acceptance and it must be witnessed separately in the enduring power of attorney.

*Delete if not applicable.

Form 2

Revocation by principal of enduring power of attorney or appointment of attorney/alternative attorney

Regulation 7

Name of principal:

Address of principal:

I revoke under section 44 of the Powers of Attorney Act 2014:

*the enduring power of attorney made by me on [insert date made]

*the appointment of my attorney(s) [insert name (or position) of one or more attorneys] of [insert address(es) of attorney(s)] under the enduring power of attorney made by me on [insert date made]

*the appointment of my alternative attorney(s) [insert name (or position) of one or more alternative attorneys] of [insert address(es) of alternative attorney(s)] for [insert name of attorney(s)] under the enduring power of attorney made by me on [insert date made]

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this instrument of revocation at the direction of and in the presence of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

CERTIFICATION OF WITNESSES

Witnessed by:

Name of first witness:

Address of first witness:

Name of second witness:

Address of second witness:

Each witness certifies that:

*the principal appeared to freely and voluntarily sign this instrument in my presence;

AND [to be completed in all cases]

 at that time, the principal appeared to me to have decision making capacity to revoke this enduring power of attorney; and

 I am not an attorney under this enduring power of attorney; and

 I am not a relative of the principal or of an attorney under the enduring power of attorney; and

 I am not a care worker or accommodation provider for the principal.

Note: care worker and accommodation provider are defined under section 3(1) of the Powers of Attorney Act 2014.

*[If witnessing another person signing at the direction of and in the presence of the principal] I am not the person who is signing at the direction of the principal.

Is any witness witnessing the signing of this instrument of revocation by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014? [tick appropriate box]

Note: under section 5A of the Powers of Attorney Act 2014, one or more of the witnesses may witness the signing of the instrument by audio visual link.

🞏 Yes [proceed to Additional certification—remote witnessing procedure]

🞏 No [proceed to signing]

Additional certification—remote witnessing procedure

Certification by special witness

Name of witness acting as special witness: [insert name of witness acting as special witness]

I certify that:

• I witnessed the signing of this instrument of revocation by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

• I am a special witness as:

*an Australian legal practitioner; and

*a justice of the peace appointed under section 7 of the Honorary Justices Act 2014; and

• this instrument of revocation was signed and witnessed in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

• an audio visual recording:

*was

*was not

made of the signing and witnessing of this instrument of revocation by the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Note: Under section 5C of the Powers of Attorney Act 2014, an audio visual recording of the execution or signing of an instrument of revocation by the remote witnessing procedure may be made only if all of the parties to the procedure consent to a recording being made.

*Certification by other witness

***[Other witness (witness not acting as special witness) to complete this section if using the remote witnessing procedure]

*I witnessed the signing of this instrument of revocation by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Signed:

First witness: [signature of first witness]

*Qualification: [if first witness is witnessing in the physical presence of the principal and is acting as a medical practitioner or person authorised to witness affidavits]

Second witness: [signature of second witness]

*Qualification: [if second witness is witnessing in the physical presence of the principal and is acting as a medical practitioner or person authorised to witness affidavits]

Date:

Note: If the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014 is used by one or more witnesses to witness the signing of this instrument of revocation, the following requirements apply to any witness attending by audio visual link:

• the witness must sign and date this instrument of revocation in the presence by audio visual link of the principal and any other witnesses; and

• one of the witnesses must be a special witness as defined under section 3(1) of the Powers of Attorney Act 2014 (an Australian legal practitioner or justice of the peace); and

• the special witness must sign this instrument of revocation last (following the principal and other witnesses), regardless of whether the special witness is physically present; and

• all elements of the remote witnessing procedure must be carried out on the same day and within Victoria.

*Delete if not applicable.

Form 3

Notification by attorney

Regulation 8

To: [insert name of person(s) or organisation(s) to whom notice is being given] of [insert address(es) of person(s) or organisation(s) to whom notice is being given (if known)]

This notice is given under section 54 of the Powers of Attorney Act 2014.

*INDIVIDUAL

Name of attorney giving notice:

Address of attorney giving notice:

I give notice that my appointment as an attorney under the enduring power of attorney made by [insert name of principal] on [insert date made (if known)] is revoked because:

*I have become an insolvent under administration.

*I have become a care worker, health provider or an accommodation provider for the principal.

*[If an attorney for financial matters] I have been convicted or found guilty of an offence involving dishonesty.

*TRUSTEE COMPANY

Name of trustee company giving notice:

Address of trustee company giving notice:

The company, an attorney under the enduring power of attorney made by [insert name of principal] on [insert date made (if known)] gives notice that:

 the company's appointment as an attorney under that enduring power of attorney is revoked because the company has been wound up or ceased to be registered.

 a proceeding for winding up has commenced against the company.

 the company has been convicted or found guilty of an offence involving dishonesty.

Signed: [signature of attorney]

Date:

*Delete if not applicable.

Form 4

Resignation by attorney or alternative attorney

Regulation 9

Name (or position) of attorney or alternative attorney resigning:

Address of attorney or alternative attorney resigning:

**I resign/The trustee company resigns under section *56/*59(1)(a)/
*59(1)(b)/*59(3) of the Powers of Attorney Act 2014 from *my/*its appointment as an *attorney/*alternative attorney for [insert name (or position) of attorney(s)] under the enduring power of attorney made by [insert name of principal] on [insert date made (if known)]

Signed: [signature of attorney or alternative attorney]

Date:

*Delete if not applicable.

Form 5

Part 1

Appointment of supportive attorney

Regulation 10

Name of principal:

Address of principal:

APPOINTMENT

I appoint [insert name of one or more supportive attorney(s)] of [insert address(es) of supportive attorney(s)] to act as my supportive attorney(s).

*and I appoint [insert name(s) of one or more alternative supportive attorney(s)] of [insert address(es) of alternative supportive attorney(s)] as alternative supportive attorney for [insert name of one supportive attorney]

*and I appoint [insert name of one alternative supportive attorney] of [insert address of alternative supportive attorney] as alternative supportive attorney for [insert names of more than one supportive attorney]

AUTHORISATION

I authorise my supportive attorney(s) to exercise the following power(s):

*Information power in accordance with section 87 of the Powers of Attorney Act 2014.

*Communication power in accordance with section 88 of the Powers of Attorney Act 2014.

*Power to give effect to decisions in accordance with section 89 of the Powers of Attorney Act 2014.

I authorise my supportive attorney(s) to exercise these powers in relation to the following matters:

*both personal and financial matters.

*personal matters only.

*financial matters only.

*the following specified:

[select all that apply and complete as required]

*personal matter(s) only: [list matter(s)]

*financial matter(s) only: [list matter(s)]

*other matter(s) only: [list matter(s)]

Financial matter is defined under section 3(1) of the Powers of Attorney Act 2014 to mean any matter, including any legal matter, relating to the principal's financial or property affairs.

COMMENCEMENT

*This supportive attorney appointment commences on its making.

*This supportive attorney appointment commences from the time, in the circumstance or on the occasion specified as follows: [insert time, circumstance or occasion]

EXECUTION BY PRINCIPAL

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this supportive attorney appointment at the direction of and in the presence of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

CERTIFICATION OF WITNESSES

Witnessed by:

Name of first witness:

Address of first witness:

Name of second witness:

Address of second witness:

Each witness certifies that:

*the principal appeared to freely and voluntarily sign this supportive attorney appointment form in my presence;

*[If witnessing another person signing at the direction of (on behalf of) and in the presence of the principal] in my presence, the principal appeared to freely and voluntarily direct the person to sign for the principal and that person signed this supportive attorney appointment form in my presence and in the presence of the principal;

AND [to be completed in all cases]

 at that time, the principal appeared to me to have decision making capacity in relation to making this supportive attorney appointment.

Each witness states that:

 I am not a supportive attorney under this appointment.

*[If witnessing another person signing this supportive attorney appointment form at the direction of and in the presence of the principal] I am not the person who is signing at the direction of the principal.

Is any witness witnessing the signing of this supportive attorney appointment by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014? [tick appropriate box]

Note: under section 5A of the Powers of Attorney Act 2014, one or more of the witnesses may witness the signing of the instrument by audio visual link.

🞏 Yes [proceed to Additional certification—remote witnessing procedure]

🞏 No [proceed to signing]

Additional certification—remote witnessing procedure

Certification by special witness

Name of witness acting as special witness: [insert name of witness acting as special witness]

I certify that:

 I witnessed the signing of this supportive attorney appointment by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

 I am a special witness as:

*an Australian legal practitioner; and

*a justice of the peace appointed under section 7 of the Honorary Justices Act 2014; and

• this supportive attorney appointment was signed and witnessed in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

• an audio visual recording:

*was

*was not

made of the signing and witnessing of this supportive attorney appointment by the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Note: Under section 5C of the Powers of Attorney Act 2014, an audio visual recording of the execution or signing of a supportive attorney appointment by the remote witnessing procedure may be made only if all of the parties to the procedure consent to a recording being made.

*Certification by other witness

***[Other witness (witness not acting as special witness) to complete this section if using the remote witnessing procedure]

*I witnessed the signing of this supportive attorney appointment by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Signed:

First witness: [signature of first witness]

*Qualification: [if first witness is physically present and is acting as a person authorised to witness statutory declarations]

Second witness: [signature of second witness]

*Qualification: [if second witness is physically present and is acting as a person authorised to witness statutory declarations]

Date:

Note: If the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014 is used by one or both witnesses to witness the signing of this supportive attorney appointment, the following requirements apply to any witness attending by audio visual link:

 the witness must sign and date this supportive attorney appointment in the presence by audio visual link of the principal and other witness; and

 one witness must be a special witness as defined under section 3(1) of the Powers of Attorney Act 2014 (an Australian legal practitioner or a justice of the peace); and

 the special witness must sign this supportive attorney appointment last (following the principal and other witness) regardless of whether the special witness is physically present; and

 all elements of the remote witnessing procedure must be carried out on the same day and within Victoria.

*Delete if not applicable.

Part 2

STATEMENT OF ACCEPTANCE OF APPOINTMENT—SUPPORTIVE ATTORNEY

Name of supportive attorney:

Address of supportive attorney:

I accept my appointment as supportive attorney under this supportive attorney appointment and state that:

 I am eligible under the Powers of Attorney Act 2014 to act as a supportive attorney under a supportive attorney appointment; and

 I understand the obligations of a supportive attorney under the Powers of Attorney Act 2014 and the consequences of failing to comply with the Powers of Attorney Act 2014; and

 I undertake to act in accordance with the Powers of Attorney Act 2014.

Signed: [signature of supportive attorney]

Date:

Witnessed by:

Name of witness:

Address of witness:

*[If witnessed in the physical presence of the supportive attorney] I witnessed the signing of the statement of acceptance by the supportive attorney.

*[If witnessed in accordance with the remote witnessing procedure] I witnessed the signing of this statement of acceptance by the supportive attorney by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Signed: [signature of witness]

Date:

Note: Each supportive attorney must sign a statement of acceptance and it must be witnessed separately in the supportive attorney appointment.

If the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014 is used by one or both witnesses to witness the signing of this statement of acceptance, all elements of the remote witnessing procedure must be carried out on the same day and within Victoria.

*Delete if not applicable.

Part 3

STATEMENT OF ACCEPTANCE OF APPOINTMENT—ALTERNATIVE SUPPORTIVE ATTORNEY

[To be completed only if the principal has appointed an alternative supportive attorney in Part 1. Complete a separate form for each alternative supportive attorney appointed]

Name of alternative supportive attorney:

Address of alternative supportive attorney:

I accept my appointment as an alternative supportive attorney under this supportive attorney appointment and state that:

 I am eligible under the Powers of Attorney Act 2014 to act as a supportive attorney under a supportive attorney appointment; and

 I understand the obligations of a supportive attorney under the Powers of Attorney Act 2014 and the consequences of failing to comply with the Powers of Attorney Act 2014; and

 I undertake to act in accordance with the Powers of Attorney Act 2014; and

 I understand the circumstances in which the alternative supportive attorney is authorised to act under the Powers of Attorney Act 2014; and

 I am prepared to act in place of the supportive attorney for whom I am appointed when authorised to do so under the Powers of Attorney Act 2014.

Signed: [signature of alternative supportive attorney]

Date:

Witnessed by:

Name of witness:

Address of witness:

*[If witnessed in the physical presence of the alternative supportive attorney] I witnessed the signing of the statement of acceptance by the alternative supportive attorney.

*[If witnessed in accordance with the remote witnessing procedure] I witnessed the signing of this statement of acceptance by the alternative supportive attorney by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014.

Signed: [signature of witness]

Date:

Note: Each alternative supportive attorney must sign a statement of acceptance and it must be witnessed separately in the supportive attorney appointment.

*Delete if not applicable.

Form 6

Revocation by principal of supportive attorney appointment or appointment of supportive attorney/alternative supportive attorney

Regulation 11

Name of principal:

Address of principal:

I revoke under section 103 of the Powers of Attorney Act 2014:

*the supportive attorney appointment made by me on [insert date made]

*the appointment of my supportive attorney(s) [insert name of supportive attorney or attorneys if revoking the appointment of more than one] of [insert address(es) of supportive attorney(s)] under the supportive attorney appointment made by me on [insert date made]

*the appointment of my alternative supportive attorney(s) [insert name of alternative supportive attorney or attorneys if revoking the appointment of more than one] of [insert address(es) of alternative supportive attorney(s)] for [insert name of supportive attorney(s)] under the supportive attorney appointment made by me on [insert date made]

Signed: [signature of principal or person signing at the direction of (on behalf of) the principal]

*I sign this form of revocation at the direction of and in the presence of the principal.

*Name of person signing at direction of principal:

*Address of person signing at direction of principal:

Date:

Witnessed by:

Name of witness:

Address of witness:

Is the witness witnessing the signing of this form of revocation by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014? [tick appropriate box]

Note: under section 5A of the Powers of Attorney Act 2014, the witness may witness the signing of the form of revocation by audio visual link.

🞏 Yes [proceed to Additional certification—remote witnessing procedure]

🞏 No [proceed to signing]

Additional certification—remote witnessing procedure

Witness certifies that:

 I witnessed the signing of this form of revocation by audio visual link in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

• this form of revocation was signed and witnessed in accordance with the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014; and

• I am a special witness as:

*an Australian legal practitioner; and

*a justice of the peace appointed under section 7 of the Honorary Justices Act 2014; and

• an audio visual recording

*was

*was not

made of the signing and witnessing of this form of revocation by the remote witnessing procedure under section 5A of the Powers of Attorney Act 2014.

Note: Under section 5C of the Powers of Attorney Act 2014, an audio visual recording of the execution or signing of a form of revocation by the remote witnessing procedure may be made only if all of the parties to the procedure consent to a recording being made.

Signed: [signature of witness]

*Qualification: [if witnessing in the physical presence of the principal, specify how authorised to witness the signing of a statutory declaration]

Date:

*Note: If the remote witnessing procedure set out in section 5A of the Powers of Attorney Act 2014 is used to witness the signing of this form of revocation, the following requirements apply to any witness attending by audio visual link:

 the witness must sign and date this form of revocation in the presence by audio visual link of the principal; and

 the witness must be a special witness as defined under section 3(1) of the Powers of Attorney Act 2014 (an Australian legal practitioner or justice of the peace); and

 all elements of the remote witnessing procedure must be carried out on the same day and within Victoria.

*Delete if not applicable.

Form 7

Resignation by supportive attorney or alternative supportive attorney

Regulation 12

Name of supportive attorney or alternative supportive attorney resigning:

Address of supportive attorney or alternative supportive attorney resigning:

I resign under section 111 of the Powers of Attorney Act 2014 from my appointment as *a supportive attorney/*an alternative supportive attorney for [insert name of supportive attorney(s)] under the supportive attorney appointment made by [insert name of principal] on [insert date made (if known)]

Signed: [signature of supportive attorney or alternative supportive attorney resigning]

Date:

*Delete if not applicable.

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Powers of Attorney Regulations 2025, S.R. No. 73/2025 were made on 5 August 2025 by the Governor in Council under section 139 of the Powers of Attorney Act 2014, No. 57/2014 and came into operation on 10 August 2025: regulation 3.

The Powers of Attorney Regulations 2025 will sunset 10 years after the day of making on 5 August 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Powers of Attorney Regulations 2025 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Reg. 4(a): S.R. No. 93/2015 as amended by S.R. Nos 17/2017 and 37/2021. ↑
Reg. 4(b): S.R. No. 17/2017. ↑
Reg. 4(c): S.R. No. 37/2021. ↑

1 Powers of Attorney Regulations 2025

Version No. 001

Powers of Attorney Regulations 2025

S.R. No. 73/2025

Version as at
10 August 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definition 1

Part 2—Prescribed forms 2

6 Enduring power of attorney 2

7 Revocation by principal of enduring power of attorney or appointment of attorney/alternative attorney 2

8 Notification by attorney 2

9 Resignation by attorney or alternative attorney 2

10 Appointment of supportive attorney 2

11 Revocation by principal of supportive attorney appointment or appointment of supportive attorney/alternative supportive attorney 3

12 Resignation by supportive attorney or alternative supportive attorney 3

Schedule 1—Forms 4

═════════════

Endnotes 29

1 General information 29

2 Table of Amendments 31

3 Explanatory details 32

Version No. 001

Powers of Attorney Regulations 2025

S.R. No. 73/2025

Version as at
10 August 2025

Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe forms and other matters for the purposes of the Powers of Attorney Act 2014.

2 Authorising provision

These Regulations are made under section 139 of the Powers of Attorney Act 2014.

3 Commencement

These Regulations come into operation on 10 August 2025.

4 Revocations

The following Regulations are revoked—

(a) the Powers of Attorney Regulations 2015[1];

(b) the Powers of Attorney Amendment Regulations 2017[2];

The Regulations and their Schedule operationalise several core concepts from the Act by prescribing their documentary and procedural manifestation. The most important concepts appearing in the forms are:

Enduring power of attorney and its scope: Form 1 (Part 1) is the enduring power of attorney instrument for section 32, and it allows a principal to appoint one or more attorneys in different configurations (single attorney; joint attorneys; several attorneys; joint and several attorneys; majority attorneys). The instrument lets the principal specify whether powers are to be personal matters, financial matters, or specified matters, and to list those specified matters in the form (Form 1 Part 1, "AUTHORISATION").
Alternative attorney: Form 1 enables the appointment of alternative attorneys for particular attorney(s). The form includes the note from the Act that, under section 31(3) of the Powers of Attorney Act 2014, an alternative attorney must act in the same manner as the attorney for whom they are appointed unless the principal provides otherwise (Form 1 Part 1, Note).
Commencement of powers: Forms require the principal to select commencement options,immediate, upon cessation of decision-making capacity, or a specified time/circumstance (Form 1 Part 1, "COMMENCEMENT"). The form also allows differential commencement for different matters.
Conditions and instructions: The enduring power form provides a space for the principal to state conditions or instructions that will constrain the exercise of powers ("CONDITIONS AND INSTRUCTIONS").
Statements of acceptance: For both attorneys and alternative attorneys, separate, witnessed statements of acceptance are required and are included as Parts 2 and 3 of Form 1. Each attorney and each alternative attorney must sign an acceptance, and each acceptance must be witnessed separately (Form 1 Parts 2 and 3).
Supportive attorney regime: Form 5 mirrors the enduring power elements for supportive attorney appointments (Form 5 Part 1). It sets out authorisations that the supportive attorney can exercise,information power (s 87 of the Act), communication power (s 88), and power to give effect to decisions (s 89),and allows these to apply to personal matters, financial matters, both, or specifically listed matters (Form 5 Part 1, "AUTHORISATION"). Separate statements of acceptance for supportive attorneys and alternatives appear in Parts 2 and 3 of Form 5.
Revocation, resignation and notification instruments: Forms 2, 4, 6 and 7 are the prescribed revocation or resignation forms for enduring and supportive appointments (see regulations 7, 9, 11, 12 respectively). Form 3 is the prescribed notification by an attorney giving notice under section 54 (regulation 8).
Witnessing and remote witnessing: All forms require witness certification that the principal (or signatory) appeared to freely and voluntarily sign and, crucially, that they appeared to have decision-making capacity in relation to making the instrument (Form 1 witness certification and repeated across other forms). The Schedule incorporates a specific remote witnessing procedure: witnesses may witness signatures by audio-visual link in accordance with section 5A of the Act, but when remote witnessing is used the forms demand a "special witness" (an Australian legal practitioner or a justice of the peace under the Honorary Justices Act 2014), and require that all elements of the remote witnessing procedure are carried out on the same day and within Victoria (see Form 1 "Additional certification,remote witnessing procedure" and equivalent passages in other forms). The Schedule also references section 5C of the Act: an audio-visual recording of a remote execution may be made only with the consent of all parties (evidentiary and privacy constraint).
Disqualification and disclosure for financial matters: The acceptance statements require disclosure by an appointee who has been convicted or found guilty of an offence involving dishonesty if appointed for financial matters (Form 1 Parts 2 and 3; Form 5 Parts 2 and 3). Form 3 (notification by attorney) lists triggering events that must be notified to recipients under section 54: insolvency under administration, becoming a care worker/health provider/accommodation provider for the principal, or conviction/finding of guilt for an offence involving dishonesty (Form 3).
Corporate attorneys/trustee companies: Form 3 separately deals with trustee companies, listing the triggering events for a trustee company (winding up, commencement of winding up proceedings, conviction for dishonesty) and requiring a company signature section (Form 3 "TRUSTEE COMPANY").

These concepts are embedded not only in the content of the forms but in the procedural rules and certifications appended to them. The ILA endnotes attached to the Regulations make clear that headings, notes, examples and punctuation form part of the statutory rule (endnote 1, "Interpretation"), which means the notes and procedural requirements in the forms are part of the legal instrument that practitioners and courts will treat as authoritative.

The Regulations and prescribed forms affect a defined set of private and institutional actors by imposing standardised documentary and procedural requirements.

Principals: any individual executing an enduring power of attorney or a supportive attorney appointment must use the prescribed form text for the corresponding Act section (regulation 6 for enduring power, regulation 10 for supportive attorney). Principals must make choices about the scope of authorisation (personal, financial, specified matters), who to appoint (attorney, joint, several, majority, alternative), the commencement trigger, and any conditions or instructions (Form 1 and Form 5). The forms require the principal’s signature (or a person signing at the direction of and in the presence of the principal) and witness certification that the principal appeared to have decision-making capacity at signing (Form 1 Part 1, witness certification).
Attorneys and alternative attorneys (including supportive and alternative supportive attorneys): each attorney and each alternative attorney must sign a separate statement of acceptance that is witnessed separately (Form 1 Parts 2 and 3; Form 5 Parts 2 and 3). The acceptance statements impose disclosure obligations for those appointed for financial matters who have been convicted or found guilty of dishonesty (Form 1 Parts 2 and 3; Form 5 Parts 2 and 3). Attorneys are also required to give notice under section 54(5) in prescribed form (Form 3) when certain disqualifying events occur (insolvency, becoming a care worker/health or accommodation provider for the principal, conviction for dishonesty). Trustees/trustee companies have tailored notification language (Form 3).
Supportive attorneys: supportive attorneys are a distinct category, authorised to exercise information, communication and decision-giving effect powers as specified in the appointment (Form 5 Part 1). Witnessing and acceptance requirements apply specifically to supportive attorneys; witness declarations are narrower in Form 5 (witness must state they are not a supportive attorney under the appointment).
Witnesses and special witnesses: all forms require two witnesses and impose specific disqualifications on witnesses in some forms (for enduring powers and revocations: witness must not be an attorney under the instrument, not a relative of the principal or of an attorney, not a care worker or accommodation provider for the principal). Remote witnessing requires at least one "special witness" (an Australian legal practitioner or a justice of the peace appointed under section 7 of the Honorary Justices Act 2014) and prescribes that the special witness sign last and that all elements occur on the same day and within Victoria (Form 1 "Additional certification,remote witnessing procedure" and repeated language elsewhere). The ILA endnotes confirm these procedural notes form part of the statutory rule (endnote 1, Interpretation).
Trustee companies and corporate attorneys: Form 3 treats trustee companies separately and lists corporate events that require notification (being wound up, commencement of winding-up proceedings, conviction of dishonesty). Form 4 contemplates resignation by a trustee company (Form 4 heading allows "The trustee company resigns" and cites relevant Act sections).
Third parties and organisations receiving notices: Form 3 is structured "To: [insert name of person(s) or organisation(s)]" and therefore binds recipients to the information supplied; recipients include banks, service providers, care providers and other institutions that rely on attorney status.
Legal practitioners and justices of the peace: these professionals are named as special witnesses when remote signing occurs (Forms 1 and 5 and other relevant forms). They thus bear a formal role in validating remotely witnessed executions, and the forms require them to certify compliance with the remote witnessing procedure and, when an audio-visual recording is made, state whether one "was" or "was not" made (Form 1 Additional certification,remote witnessing procedure).

Who pays and who decides: the primary compliance cost falls on principals and their advisers (preparing, executing and storing the prescribed forms), on attorneys (signing separate acceptance statements and making notifications in Form 3 when disqualifying events occur) and on trustees/trustee companies (monitoring corporate status and triggering notification duties). Witnesses, especially special witnesses, provide validation services; legal practitioners asked to act as special witnesses will incur professional time costs. Bodies receiving notices must process those notifications and adjust dealings with the attorney accordingly.

The Regulations do not create new substantive power-holder duties or civil penalties in themselves; they impose documentary and procedural duties by prescribing how duties and rights under the Act are to be evidenced and triggered. The principal duties and rights embedded in the forms are:

Duty to complete prescribed forms for prescribed purposes: the Regulations fix the form for a number of Act sections (for example, regulation 6 prescribes Form 1 for s 32 and the acceptance statements for ss 37 and 38). Using the prescribed text is the method the Regulations establish to meet the documentary requirements of the Act, so a principal seeking to exercise the Act’s powers in those areas will be expected to use the prescribed form.
Attorneys’ duty to accept and disclose: each attorney and alternative attorney must sign a statement of acceptance and acknowledge eligibility under Part 3 of the Act and understanding of obligations and consequences of non-compliance (Form 1 Parts 2 and 3). Where appointed for financial matters, an appointee must disclose prior convictions or findings of guilt for offences involving dishonesty (Form 1 Parts 2 and 3; Form 5 Parts 2 and 3 for supportive attorneys).
Notification duties of attorneys: Form 3 is the prescribed means of giving notice under section 54 of the Act that an attorney’s appointment is revoked by operation of events (insolvency under administration; becoming a care worker, health provider or accommodation provider for the principal; or conviction for dishonesty). For trustee companies, Form 3 lists corporate events as triggers (winding up, commencement of winding up proceedings, conviction for dishonesty).
Witness certification obligations: witnesses must certify that the principal appeared to freely and voluntarily sign, and that the principal appeared to have decision-making capacity for making the instrument. For two-witness models the witnesses must also certify they are not an attorney, not a relative of the principal or of an attorney, and not a care worker or accommodation provider (Form 1 witness certification).
Rights to specify commencement and limits: the principal has the right to specify when powers commence (immediately, upon loss of decision-making capacity, or at another specified time or circumstance) and to limit or condition the exercise of those powers (Form 1 "COMMENCEMENT" and "CONDITIONS AND INSTRUCTIONS"). The principal can also specify that an earlier enduring power is not revoked in whole or in part (Form 1 "EXISTING ENDURING POWER OF ATTORNEY NOT REVOKED").
Right to appoint alternative attorneys and supportive attorneys: the forms permit appointment of alternatives and supportive attorneys and require separate acceptance statements from them (Forms 1 and 5).
Procedural rights related to remote witnessing: where remote witnessing is used, the parties have the right to record the execution only if all parties consent (Form 1 Additional certification,remote witnessing procedure referencing s 5C of the Act), and the remote process requires a special witness and same-day, within-Victoria performance of the remote witnessing elements.
Resignation and revocation procedure: Forms 2, 4, 6 and 7 provide the prescribed means to resign or revoke appointments; they require principal signature for revocation forms, and witness certification including capacity to revoke in the case of Form 2 (Form 2 witness certification includes "at that time, the principal appeared to me to have decision making capacity to revoke this enduring power of attorney").

What decides legal effect in practice is still the Act. The Regulations decide how that effect is to be evidenced and which procedural safeguards must be in the document. The forms repeatedly refer back to the Act for definitions and authority (e.g. definitions of "personal matter", "financial matter" under section 3(1) referenced in Form 1 and Form 5, and remote witnessing under s 5A and recording under s 5C of the Act). The Regulations therefore displace no rights in substance but impose documentary and process constraints to evidence those rights and duties.

The Regulations themselves do not specify penalties. They prescribe forms and procedural requirements and repeatedly reference the Act for substantive rules, obligations and consequences. Several points relevant to enforcement and penalty risk flow from the text of the Regulations and the forms.

Enforcement and penalties are left to the Act: the Regulations are made under section 139 of the Powers of Attorney Act 2014 (regulation 2) and their stated objective is to prescribe forms and other matters for the purposes of the Act (regulation 1). The forms include language that refers to "the consequences of failing to comply with those obligations" (Form 1 Part 2, acceptance statement), but the Regulations do not themselves prescribe enforcement mechanisms or monetary penalties; such consequences and enforcement mechanisms therefore lie in the Act.
Evidentiary function and indirect enforcement: the strict signature, witness and capacity certification requirements in the forms create evidentiary thresholds. For example, witnesses must certify that the principal appeared to have decision-making capacity (Form 1 witness certification). If the required attestation is absent or incorrectly completed,if the remote witnessing conditions are not satisfied, for instance,third parties, courts or regulators may treat the instrument as defective. That in turn may expose an attorney who acts under an instrument that cannot be substantiated to civil liability under the Act or in equity, or to criminal exposure where offences in the Act or other laws are engaged. The Regulations do not state that explicitly, but the forms’ focal role in evidencing compliant execution makes their accurate completion central to avoiding enforcement risk.
Notifications and corporate triggers: Form 3 places an onus on attorneys (including trustee companies) to notify relevant persons or organisations when triggering events occur (insolvency, winding-up, conviction, becoming a care worker/accommodation provider). Failure to notify in the manner required by the Act could be relevant to enforcement of duties under the Act; the Regulations prescribe the form in which the notification must be given (regulation 8).
Remote witnessing and recordings: the forms require that remote witnessing be carried out in accordance with section 5A and that an audio-visual recording can only be made with the consent of all parties under section 5C. A failure to observe the remote-witnessing safeguards (special witness qualification, same-day within-Victoria requirement, last signatory special witness) may render the execution non-compliant and expose signatories to enforcement action or to an instrument being set aside in litigation.
No express criminal offences in the Regulations: nothing in the text of these Regulations adds criminal offences or higher penalties beyond what the Act provides.

Practitioners should therefore treat the Forms as de facto enforcement mechanisms: completion of the prescribed forms according to their procedural requirements is the primary means by which signatories minimise enforcement risk. Where the forms diverge from the Act (see "Gotchas" below), the divergence itself creates potential enforcement and litigation risk.

The Regulations are explicitly made under and for the Powers of Attorney Act 2014 (regulation 2; reg 1 objective). They repeatedly reference specific provisions of that Act (for example, section 32, sections 37 and 38, section 54(5), sections 57 and 60, sections 94, 99, 100, section 104 and section 112). The forms also reference other instruments and statutes in limited ways:

Honorary Justices Act 2014: the forms identify the special witness category as "an Australian legal practitioner" or "a justice of the peace appointed under section 7 of the Honorary Justices Act 2014" (see Form 1 Additional certification,remote witnessing procedure). That means a JP appointed under that Act plays a statutory role in remote witnessing when the forms are executed by audio-visual link, tying the Regulations to the statutory qualifications created by the Honorary Justices Act 2014.
Subordinate Legislation Act 1994: the Endnotes state that the Regulations will sunset ten years after making, referencing section 5 of the Subordinate Legislation Act 1994 (endnote 1). That places a temporal interaction,these Regulations are subject to the sunset mechanism under subordinate legislation law.
Interpretation of Legislation Act 1984: the endnotes set out interpretative consequences from the Interpretation of Legislation Act 1984 (ILA) (endnote 1, "INTERPRETATION OF LEGISLATION ACT 1984"), making clear that headings, notes, examples and punctuation in the statutory rule form part of the rule as of specified dates and that examples and notes included form part of the Statutory Rule. That has the practical effect of elevating the explanatory notes and witness instructions in the forms to legal effect as part of the statutory instrument.
Procedural and evidentiary interplay: the Regulations embed the Act’s remote witnessing regime (section 5A) and audio-visual recording consent rule (section 5C) within the forms. They therefore interact directly with the Act’s procedural architecture by mandating that remote witnessing, if used, follow the Act’s specified constraints (special witness composition, signing order, within-Victoria requirement). The forms also import Act definitions: for example, Form 1 and Form 5 cite that "personal matter" and "financial matter" are defined under section 3(1) of the Powers of Attorney Act 2014, and several witness disqualification expressions refer back to the Act’s definitions of "care worker" and "accommodation provider" (Form 1 witness certificate note).
Corporate law interplay: Form 3’s section dealing with trustee companies links the instrument to corporate insolvency and winding-up events ("the company ... has been wound up or ceased to be registered" and "a proceeding for winding up has commenced against the company"). Those events engage corporate and insolvency law and will have consequences under both the Powers of Attorney Act and corporations/insolvency regimes.
Potential conflict points: the Regulations are silent about other statutes that may affect an attorney’s ability to operate (for example, superannuation or taxation instruments). The forms do not displace any statutory obligations arising under other laws; they simply require prescribed documentary forms to evidence powers and notifications under the Act.

Overall, the Regulations operate as documentary interface points between the Powers of Attorney Act and other statutory or regulatory frameworks,particularly those governing witnessing, justices of the peace, corporate insolvency and subordinate legislation procedure.

The Regulations are a new instrument enacted in 2025 that expressly revokes a set of predecessor statutory rules. The relevant history in the instrument itself is:

Revocation of prior subordinate instruments: regulation 4 revokes the Powers of Attorney Regulations 2015 and two amending Regulations of 2017 and 2021 (regulation 4(a)-(c)). The Explanatory Details in the Endnotes identify the instruments and their S.R. numbers (endnote 3, explanatory details).
Date of making and commencement: the Endnotes state the Regulations were made on 5 August 2025 by the Governor in Council under section 139 of the Act and came into operation on 10 August 2025 (endnote 1; regulation 3).
No subsequent amendments recorded: the Endnotes contain a "Table of Amendments" that expressly states "There are no amendments made to the Powers of Attorney Regulations 2025 by statutory rules, subordinate instruments and Acts" (Endnote 2). That means, as at the version provided (version as at 10 August 2025), there are no recorded amending instruments after initial making.
Sunset provision under Subordinate Legislation Act 1994: the Endnotes indicate the Regulations will sunset ten years after making (they will sunset on 5 August 2035), pursuant to section 5 of the Subordinate Legislation Act 1994 (endnote 1). This imposes a finite statutory life unless an amendment or replacement is made before that date.
Interpretative changes and style: the ILA interpretative provisions included in the Endnotes explain that headings, notes, examples and punctuation in statutory rules made on or after 1 January 2001 form part of the statutory rule (endnote 1). That endnote functions as an interpretative gloss and records that style adjustments are authorised by the ILA (endnote 1, "INTERPRETATION OF LEGISLATION ACT 1984 (ILA)").

The instrument therefore establishes a fresh baseline of prescribed forms as at 10 August 2025, replacing the 2015/2017/2021 subordinate instruments, and it is itself subject to statutory sunset. There are no further amendments to report in the provided text.

The Regulations and the Schedule supplied contain no reported case law, judicial determinations, or litigation history. The document’s Endnotes include an "Explanatory details" section and a "Table of Amendments" but no references to litigation or court decisions. The Schedule and the Endnotes do not name any cases.

That absence of litigation history in the instrument itself does not preclude disputes arising from the Regulations’ content when applied. Two classes of litigation or challenge risks are apparent from the text:

Validity and compliance litigation arising from execution and witnessing procedures: the forms impose strict witnessing and remote witnessing requirements (for example, the requirement that remote witnessing be conducted in accordance with section 5A of the Act, that a "special witness" sign last and that all elements occur on the same day and within Victoria, and that audio-visual recording requires consent under section 5C). If parties litigate the validity of an executed enduring power of attorney or supportive appointment, courts will examine whether the prescribed form was used, whether witness disqualifications applied, whether the capacity certification was properly given, and whether remote witnessing procedures were followed. The forms themselves elevate these procedural elements,notes, witness certifications and remote witnessing steps,into statutory text (endnote 1, ILA), so challenges over non-compliance are foreseeable.
Litigation arising from internal inconsistencies in the instrument: the Regulations map particular Act sections to prescribed forms (for example, regulation 6 mapping Form 1 to ss 32, 37 and 38), but the texts of some forms show differing section cross-references in their heading or introductory phrases. For example:
- Regulation 7 prescribes Form 2 "for the purposes of section 45 of the Act", but Form 2’s opening line states "I revoke under section 44 of the Powers of Attorney Act 2014" (Form 2 first substantive line).
- Regulation 11 prescribes Form 6 "for the purposes of section 104 of the Act", while Form 6’s text states "I revoke under section 103 of the Powers of Attorney Act 2014" (Form 6 first substantive line). These internal inconsistencies create an implementation risk of legal argument over which section the form is actually prescribing or whether the prescribed form is administratively correct. A litigant might argue an instrument executed on a form that cites a different statutory subsection is invalid or ambiguous. The Regulations contain no transitional or interpretative note resolving those specific mismatches.

Absent case law in the instrument itself, parties should expect that courts, if called upon, will interpret the Regulations against established principles: treat subordinate instruments as validly made where they are within enabling powers (regulation 2: made under s 139 of the Act), and apply statutory interpretation rules to reconcile inconsistent internal references. The presence of ILA interpretative notes (endnote 1) strengthens the argument that the forms and their notes should be treated as part of the regulations, but the mismatches noted above are still a litigation-ready feature.

The Regulations are precise in many places but contain a number of concrete drafting and procedural pitfalls that practitioners, principals and attorneys must not overlook.

Cross-reference inconsistencies between regulations and form text
- Regulation 7 prescribes Form 2 for the purposes of section 45 of the Act, while Form 2 opens "I revoke under section 44 of the Powers of Attorney Act 2014". The inconsistency may create uncertainty about which statutory revocation provision the form is intended to satisfy. The same pattern appears in regulation 11 and Form 6: regulation 11 cites section 104 as the target, whereas Form 6 states "I revoke under section 103". These mismatches are present in the printed instrument and carry a risk that a recipient, a registrar, a third party or a court will question the instrument’s conformity to the Act. The Regulations contain no editorial note reconciling these differences.
Rigid and potentially litigated capacity attestations
- Witnesses must certify that "the principal appeared to me to have decision making capacity in relation to the making of this enduring power of attorney" (Form 1 witness certification) and similar language appears in other forms. If capacity is later contested, the presence or absence of this attestation,and the competence of the witness to make that attestation,will be central to litigation. Witnesses are disqualified in certain ways (not an attorney, not a relative, not a care worker or accommodation provider), but persons witnessing at the direction of the principal create extra lines that must be properly completed ("I sign this instrument ... at the direction of and in the presence of the principal"). Missing or incorrectly completed attestations are an immediate "gotcha".
Remote witnessing strictures and geographic/time constraints
- Remote witnessing may be used, but the forms require that all elements of the remote witnessing procedure be carried out on the same day and within Victoria (Form 1 Additional certification,remote witnessing procedure). That means a remote signatory located outside Victoria, or a process that spans multiple days, will not meet the form’s own conditions. The special witness must sign last (regulatory text in Form 1) and must be an Australian legal practitioner or a JP under the Honorary Justices Act 2014. Failing to meet any of these requirements may render the execution non-compliant.
Audio-visual recording consent and evidentiary expectations
- The forms permit an audio-visual recording only where all parties consent to it, and the special witness must certify whether a recording "was" or "was not" made (Form 1 and others). Parties must ensure consent is properly recorded and that any recording is retained if needed as evidence. Missing consent may be fatal to reliance on any recording.
Differential witness disqualifications across forms
- Witness disqualifications are more detailed in the enduring power forms (Form 1) than in the supportive appointment forms (Form 5). Form 1 requires witnesses to certify they are not an attorney under the instrument, not a relative of the principal or of an attorney, and not a care worker or accommodation provider. Form 5’s witness statement is narrower: "I am not a supportive attorney under this appointment." That difference may create unexpected vulnerabilities if practitioners apply Form 1 witness standards to a supportive appointment or vice versa without checking the text.
Separate acceptance statements required for each appointee
- The forms require that each attorney and each alternative attorney sign a separate statement of acceptance and that each such statement be witnessed separately (Form 1 Parts 2 and 3; Form 5 Parts 2 and 3). Failing to obtain separate witnessed acceptances for each individual or failing to witness them separately may compromise the validity of the appointment for that individual.
Disclosure requirement tied to "financial matters"
- An appointee "appointed for financial matters" must disclose prior convictions or findings of guilt for offences involving dishonesty (Form 1 Parts 2 and 3; Form 5 Parts 2 and 3). The form does not define the mechanism for that disclosure beyond the acceptance statement text; practitioners must ensure that the disclosure is made and documented in the acceptance statement itself or risk an argument that the appointee was not fully informed.
Corporate trustee language and potential insolvency timing issues
- Form 3 deals with trustee companies and lists winding-up, commencement of winding-up proceedings or conviction for dishonesty as triggering events. Practitioners must track corporate status and insolvency events to ensure timely notification. The form also contemplates that the trustee company may resign (Form 4). Delays in notification could lead to downstream disputes with third parties relying on an attorney’s ostensible authority.
Regulatory sunset and potential mismatch with evolving Act provisions
- The Regulations will sunset ten years after making (endnote 1), which means that if the Act or associated policies change over that time, the forms may become outdated or require replacement. Users must track the subordinate legislation lifecycle.
ILA interpretative implications

The Endnotes explicitly adopt provisions of the Interpretation of Legislation Act 1984 so that headings, examples, notes and punctuation form part of the statutory rule (endnote 1). That elevates what might otherwise be treated as guidance into mandatory text; practitioners should avoid treating the forms’ notes as optional commentary.

These "gotchas" are concrete, textual and procedural. Each is supported by the form language or the Regulations’ structure in Schedule 1 or the Endnotes; they are not speculative policy critiques.

The Regulations prescribe exact text and procedural requirements. Compliance therefore requires attention to wording, witnessing and record-keeping. The practical steps below track the regulatory text and its built-in constraints.

Use the correct prescribed form for the Act section you are invoking
- Regulation 6: use Part 1 of Form 1 for an enduring power of attorney under section 32 of the Act; use Part 2 for the statement of acceptance required by s 37 and Part 3 for the statement of acceptance required by s 38 (regulation 6). Do not attempt ad hoc wording. For supportive appointments, use Form 5 (regulation 10). For resignations, revocations and notifications use Forms 2, 3, 4, 6 and 7 as mapped in regulations 7-12.
Ensure the principal completes required choices and conditions in the form
- The principal must select appointment type (single, joint, several, joint and several, majority), whether the power is personal matters, financial matters or specified matters, and must set commencement timing (immediate, on loss of decision-making capacity, or a specified time/occasion). If the principal intends different commencement rules for different matters, use the form’s "OR" alternative structure and fill out separate commencement instructions (Form 1 Part 1 "COMMENCEMENT").
Obtain separate, witnessed statements of acceptance for each attorney and alternative attorney
- Each attorney and each alternative must sign the corresponding Part 2 or Part 3 acceptance statement and have that acceptance witnessed separately (Form 1 Parts 2 and 3). Witnessing rules for acceptance statements mirror those for the main instrument; ensure a compliant witness process (see below).
Observe witness disqualification and certification requirements
- For enduring powers and revocation instruments, the witnesses must certify that the principal appeared to have decision-making capacity and that the witness is not an attorney, not a relative of the principal or an attorney, and not a care worker or accommodation provider (Form 1 witness certification). Check the relevant form’s witness certification wording and ensure the witness qualifies.
Follow the remote witnessing procedure to the letter if used
- If any witness will witness by audio-visual link, comply with section 5A as incorporated by the forms: one witness must be a special witness (an Australian legal practitioner or a JP under the Honorary Justices Act 2014), the special witness must sign last, all elements must be carried out on the same day and within Victoria, and any audio-visual recording may only be made with the consent of all parties (Form 1 Additional certification,remote witnessing procedure; see Endnote 1 for s 5A and s 5C references). Get express consent for any recording and document that consent.
Document disclosures where required (dishonesty convictions)
- If an attorney or alternative (including supportive categories) is appointed for financial matters and has previously been convicted/found guilty of an offence involving dishonesty, ensure that disclosure appears in the acceptance statement (Forms 1 and 5 acceptance parts). Do not accept an appointment for financial matters from an appointee who refuses to complete the disclosure language where relevant.
Use prescribed revocation, resignation and notification forms precisely
- When revoking an enduring or supportive appointment, use Form 2 or Form 6 as prescribed by regulations 7 and 11 respectively, and ensure the revocation is witnessed and the witness certifies capacity to revoke (Form 2 witness certification requires the witness to certify the principal appeared to have decision-making capacity to revoke). For notice of disqualification events, use Form 3 and address it to the appropriate persons or organisations as required by section 54 (Form 3 template).
For trustee companies and corporate attorneys, monitor corporate status continuously
- The prescribed notification triggers for trustee companies include winding up and commencement of winding up proceedings (Form 3). Maintain corporate governance and insolvency monitoring processes so that Form 3 notifications are made promptly when required.
Retain records of execution, witnesses and any audio-visual recordings
- Although the Regulations do not require a central registry for the forms, the audio-visual recording permissibility and the remote-witnessing constraints make retention of contemporaneous records prudent. Keep signed originals, copies of acceptance statements, witness details, and any consent forms for recordings. These records will be necessary if the validity of the instrument is later contested.
Address the cross-reference mismatches proactively

The instrument contains internal cross-reference inconsistencies (regulation 7 vs Form 2; regulation 11 vs Form 6). To avoid disputes, document the Act section under which the instrument is being executed in the instrument itself in an unambiguous manner, and consider obtaining legal advice if a receiving party questions the section cited on the form. Practitioners may attach a short, dated covering letter stating which Act provision is intended to be satisfied and why the selected form is appropriate; however, be aware that courts may treat the prescribed form text as authoritative.

Keep an eye on sunset and amendment risks

The Regulations will sunset ten years after making (endnote 1). Ensure longer-term engagement with clients contemplates that these forms may be replaced, and that any instruments executed close to the sunset date are reviewed in context of new subordinate instruments at that time.

Verify any subsequent Act provisions that the Regulations import

The forms reference defined terms and procedural sections of the Act (for example s 3(1) definitions, s 5A, s 5C). Before executing the prescribed form, verify the operative text of the Act for those definitions and procedural steps, because the forms rely on those Act provisions for substance and validity.

In short, compliance is documentary and procedural. The safest practical approach is to use the exact prescribed text, ensure witness qualifications and capacity attestations are properly completed, obtain separate witnessed acceptance statements for each appointee, preserve records (including any required consents for recordings), and address the minor cross-reference inconsistencies with contemporaneous descriptive documentation or legal advice.

Powers of Attorney Regulations 2025

Plain English Summary

Deep Dive

What it does

Current sections

Powers of Attorney Regulations 2025

Source text: opening excerpt

1 Powers of Attorney Regulations 2025

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply