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FACT SHEET
POWERS OF ATTORNEY AMENDMENT BILL 2013
The Powers of Attorney Act 2000 allows a person (the donor) to appoint
another person (an enduring guardian) to make property and financial
decisions on behalf of the donor if the donor loses the capacity to do so.
These types of arrangements are frequently utilised by older people, and
some nursing homes now require residents to have an enduring power
of attorney in place.
The Powers of Attorney Amendment Bill makes a number of amendments
to the Powers of Attorney Act 2000 in relation to enduring powers of
attorney. Essentially, the amendments set down in legislation what is
already the common law position in relation to the operation of
enduring powers of attorney.
The amendments also add a number of further protections which aim to
stop misuse of these documents, such as amended witnessing
requirements and a prohibition on the attorney entering into conflict
transactions unless the enduring power of attorney document specifically
permits this.
With an ageing population this is an important area of law reform.