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If attorneys disagree

Information about how to sort out a dispute between attorneys where they cannot agree.

Where a principal has empowered more than one attorney to act severally, that is independent from other attorneys that have been appointed, any disagreements that happen between the attorneys can be sorted out at VCAT. Either party may apply to VCAT.

Usually if the dispute is between an attorney who has been appointed to act for personal matters and an attorney who has been appointed to act in financial matters, the attorney who is acting for personal matters will be able to act to the extent of any inconsistency. However, this will depend on what is stated in the power of attorney document and also on how VCAT decides.

Financial attorney to implement decision

If the person who is acting as attorney for personal matters makes a decision, any attorney who is acting for financial matters has to implement that decision unless that decision would lead to a serious depletion of the principal’s financial resources. If the implementation of that would deplete the principal’s resources, then the financial power of attorney has to apply to VCAT.

More information

Legislation

Powers of Attorney Act 2014 (Vic)

  • s. 71—disagreements between attorneys
  • Part 8—VCAT jurisdiction

See Powers of Attorney Act 2014 (Vic)(opens in a new window).

Reference

Victorian Civil and Administrative Tribunal

VCAT provides low cost, accessible and independent tribunal services.

See:

Updated