Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-23T23:34:11.983Z Has data issue: false hasContentIssue false

7 - Developments in Enduring Powers of Attorney Law in Australia

from Part II - Lasting/Enduring Power of Attorney

Published online by Cambridge University Press:  28 June 2019

Lusina Ho
Affiliation:
The University of Hong Kong
Rebecca Lee
Affiliation:
The University of Hong Kong
Get access

Summary

This chapter evaluates enduring powers of attorney (EPA) law in Australian jurisdictions. It first describes capacity requirements for creating EPAs, the responsibilities of EPA 'representatives', the role of tribunals and courts in overseeing EPAs, and a new form of EPA known as a 'supportive attorney' established toward Australia's compliance with the Convention on the Rights of Persons with Disabilities. Second, the chapter discusses recent and proposed reforms to install stronger safeguards, establish a registration scheme, and update the terminology surrounding EPAs. Third, the chapter evaluates the legislation and precedents that have developed the concept of conflict of interest as it applies to EPAs, for example in gift giving and transactions that otherwise benefit the EPA representative. The chapter ends by arguing that that regulation of conflict transactions is a key area that can contribute to reducing elder financial abuse and reveals deeper lessons about the nature and significance of EPAs in contemporary society.

Type
Chapter
Information
Special Needs Financial Planning
A Comparative Perspective
, pp. 179 - 211
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×