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Reform on EPOAs ‘possible and necessary’, says LCA
A renewed focus on enduring power of attorney instruments is to be welcomed, the Law Council says, and will be key to mitigating elder abuse.
Jerome Doraisamy
Enhancing protections pertaining to the use of enduring power of attorney instruments (EPOAs) is a welcome priority for the Council of Attorneys-General, the Law Council of Australia has said, adding that “significant focus” should be given to creating nationally consistent laws on this matter.
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This renewed focus on EPOAs is “welcome”, LCA president Pauline Wright proclaimed, and noted that reform in his area is both “possible and necessary” in anticipation of a meeting of the Council of Attorneys-General this week.
“We understand the establishment of a national online register of EPOAs will be considered by CAG and this has the potential to be an important safeguard against abuse,” Ms Wright said.
“However, it is important to note that the Australian Law Reform Commission’s 2017 report on elder abuse emphasised that developing nationally consistent laws regarding EPOAs and a national model enduring document were necessary precursors to a national register.”
Australia’s regulatory frameworks governing EPOAs “vary substantially across jurisdictions” at this time, Ms Wright continued, arguing that such variations can and do impede the effectiveness and utility of a national register.
“For example, in some jurisdictions, if one jointly appointed attorney ceases to act the remaining joint attorneys cannot act. But in other jurisdictions the remaining joint attorneys can continue to act. In some jurisdictions the witness needs to certify that the principal appeared to understand the power of attorney, in others that is not the case,” she submitted.
It is essential, Ms Wright surmised, that the impetus on achieving consistency in law reform in this area is not lost.
“These issues are of fundamental importance to many older Australians and their relatives who are grappling with these existing complexities. Family relationships don’t stop at state and territory borders,” she said.
“The Law Council welcomes the efforts of the Age Discrimination Commissioner, Australian Banking Association and organisations representing older persons to highlight the need for reform in this area. The Law Council, in close consultation with its [national elder law and succession law committee] and constituent bodies, stands ready to work with the government and these broader stakeholders towards a more nationally consistent model. This starts with identifying the core essential features which should apply across legislation and be reflected in the national form for EPOAs.”
