Enduring Powers of Attorney

The final report for this inquiry, Enduring Powers of Attorney (ALRC Report 47), was tabled on 6 April 1989. It outlines 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).