Enduring Powers of Attorney (ALRC Report 47)
ReportsFinal Report—Enduring Powers of Attorney (ALRC Report 47) (tabled 6 April 1989) |
Background
A consultation paper, Community Law Reform for the Australian Capital Territory: Enduring Powers of Attorney (ALRC DP 33) was released in 1987. The final report, Enduring Powers of Attorney (ALRC Report 47), was tabled in federal parliament on 6 April 1989.
ALRC Report 47 outlined powers of attorney in the context of the management of an infirm person's property. The report found that the existing law in the Australian Capital Territory was inadequate as a power of attorney lapsed once the person who granted it became legally incapacitated. Through identifying a number of advantages with enduring powers of attorney, the report concluded that there existed a need for laws that gave rise to enduring powers of attorney.
Key recommendations
- Existing legislation should be amended to provide for enduring powers of attorney.
Implementation
The reforms recommended by the ALRC were implemented in the Powers of Attorney Amendment Act 1989 (ACT).