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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
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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

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