Developments in enduring powers of attorney law in Australia

Abstract

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.