Considerations for invalidity of enduring power of attorney
118 Considerations for invalidity of enduring power of attorney
Under section 116(1)(c) VCAT must not make an order declaring that an enduring power of attorney is invalid unless VCAT is satisfied that—
the principal did not have decision making capacity in relation to making the enduring power of attorney at the time the enduring power of attorney was made; or
at the time the enduring power of attorney was made it did not comply with the requirements of the Act; or
dishonesty or undue influence was used on the principal to make the enduring power of attorney; or
the enduring power of attorney was legally invalid when entered into.
This Act’s bill:Explanatory memorandumSecond reading speech
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