Abuse of enduring powers of attorney : lessons from the Australian tribunal experiment?
Carney, Terry
Abuse of enduring powers of attorney : lessons from the Australian tribunal experiment? Carney, Terry - 1999
New Zealand Universities Law Review 18(4) 1999 : 481-508
This article explores enduring powers of attorney, and compares systems of guardianship in New Zealand and Australia. The data discussed in this article stems from a comparative analysis of courts and tribunals dealing with issues of powers of attorney in both New Zealand and Australia. The author describes the function of enduring powers of attorney, and discusses how they can be misused and render the affected individual open to abuse. The findings from the study show that guardianship tribunals acknowledge the rights of the affected person more so than the Family Court. The author makes various recommendations to limit abuse of enduring powers of attorney, such as clearly establishing the competency of the individual, dual witnessing of documents, access to independent legal advice, and educating professionals and residential care workers who come into contact with executors of power of attorneys about potential abuses of adult guardianship laws.
0549-0618
ENDURING POWERS OF ATTORNEY
JUSTICE
LEGISLATION
OLDER PERSONS
Abuse of enduring powers of attorney : lessons from the Australian tribunal experiment? Carney, Terry - 1999
New Zealand Universities Law Review 18(4) 1999 : 481-508
This article explores enduring powers of attorney, and compares systems of guardianship in New Zealand and Australia. The data discussed in this article stems from a comparative analysis of courts and tribunals dealing with issues of powers of attorney in both New Zealand and Australia. The author describes the function of enduring powers of attorney, and discusses how they can be misused and render the affected individual open to abuse. The findings from the study show that guardianship tribunals acknowledge the rights of the affected person more so than the Family Court. The author makes various recommendations to limit abuse of enduring powers of attorney, such as clearly establishing the competency of the individual, dual witnessing of documents, access to independent legal advice, and educating professionals and residential care workers who come into contact with executors of power of attorneys about potential abuses of adult guardianship laws.
0549-0618
ENDURING POWERS OF ATTORNEY
JUSTICE
LEGISLATION
OLDER PERSONS