Enduring Power of Attorney After Divorce Victoria

Why Divorce Doesn't Automatically Fix This

There's genuine legal ambiguity around whether a finalised divorce automatically terminates an enduring power of attorney in Victoria. The Powers of Attorney Act 2014 (Vic) doesn't contain a clean automatic-revocation provision equivalent to what Section 14 of the Wills Act does for wills.

The safe assumption — the one every family lawyer will give you — is that it doesn't. If your former spouse holds your enduring power of attorney, they may still have the legal authority to access your bank accounts, sell your assets, and make personal and lifestyle decisions on your behalf until you formally revoke the appointment.

Relying on the assumption that divorce handles this automatically is how people end up with a former spouse retaining control over their financial and personal life long after the relationship ended.

How to Revoke an Enduring Power of Attorney

Under the Powers of Attorney Act 2014 (Vic), a principal with decision-making capacity can revoke an appointment at any time by executing a formal written revocation.

The process:

1. Draft the written revocation — the document must clearly identify the original power of attorney being revoked, name the attorney being removed, and state that the revocation takes immediate effect.

2. Sign in front of two adult witnesses — one must be authorised to witness affidavits or be a registered medical practitioner. The witnesses must confirm that you appear to understand the nature and effect of the revocation and are signing voluntarily.

3. Serve copies on your former spouse — deliver the revocation directly to the person being removed as attorney. This creates a clear record that they've been notified and can no longer act on your behalf.

4. Notify all institutions — send copies of the revocation to every bank, medical provider, superannuation fund, and any other organisation that held a copy of the original power of attorney. Until they receive the revocation, they may continue accepting your former spouse's instructions in good faith.

Don't just file the revocation and assume it's done. If your bank doesn't know the power has been revoked, your former spouse can walk into a branch with a copy of the old document and access your accounts. Active notification to every institution is the step that actually protects you.

Enduring Guardianship

If you also appointed your former spouse as your enduring guardian — responsible for personal and lifestyle decisions if you lose capacity — that appointment needs to be revoked through the same process. A separate written revocation for the guardianship appointment, witnessed and served in the same way.

Appoint a New Attorney

Revoking the old power isn't enough on its own. Without a valid enduring power of attorney in place, nobody has authority to manage your financial or personal decisions if you become incapacitated. After revoking the old appointment:

• Execute a new enduring power of attorney (financial) naming someone you trust
• Appoint a new medical treatment decision maker if your former spouse held that role
• Consider whether to appoint a new enduring guardian

A solicitor or professional will-drafting service can prepare these documents alongside your updated will, which is usually the most efficient way to handle the estate planning overhaul after divorce.

When to Act

Don't wait until the divorce is finalised. If your former spouse holds powers of attorney and you're already separated, the risk is present now. You have full legal capacity to revoke these appointments during separation — there's no requirement to wait for the divorce order.

The Victoria After-Divorce Checklist includes a step-by-step estate planning section covering the written revocation, updated powers of attorney, will revision, and BDBN update — with tracking worksheets so nothing falls through the gap between revoking old documents and executing new ones.

See more Victoria guides →