News

National consultation on enduring powers of attorney laws

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The Commonwealth Attorney-General’s Department has released a consultation paper seeking feedback on potential reform options to achieve greater national consistency in laws affecting enduring financial powers of attorney. Submissions close on 29 November 2023.

The Consultation Paper, Achieving Greater Consistency in Laws for Financial Enduring Powers of Attorney, presents a core set of potential provisions relating to key issues including:

  • how an enduring power of attorney is executed,
  • witnessing arrangements,
  • acceptance of appointment by an attorney,
  • revocation and automatic revocation,
  • attorney eligibility and attorney duties, and
  • access to justice (jurisdiction, compensation and offences).

These areas have been identified as priority areas for achieving greater national consistency and stronger common safeguards, as they are foundational provisions governing the use and application of enduring powers of attorney.

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