04 September 2015

Victoria - powers of attorney appointments

Wills, Powers, Estates & Family Provision Claims
Victoria

Asked

Hi.

In Victoria under the new Powers of Attorney Act 2014 can a principal appoint more than one alternative attorney?

Thanks.

Answered

Clearly yes for a non-enduring power:

s 9 Appointment of alternative attorneys
(1) A principal under a general non-enduring power of attorney may appoint one or more persons as alternative attorneys under the power.

And in our view no for an enduring power:

s 31    Appointment of alternative attorneys
(1) A principal under an enduring power of attorney may appoint a person as an alternative attorney for any attorney appointed under the power of attorney, if the person is eligible to be appointed as an attorney under section 28.

Regards Mentor