000			01695nab a2200229Ia 4500
001			111207
005			20250625151158.0
008			110331s1999 eng
022			_a0549-0618
040			_aWSS _dAFV
100			_aCarney, Terry _9885
245			_aAbuse of enduring powers of attorney : _blessons from the Australian tribunal experiment? _cCarney, Terry
260			_c1999
365			_a00 _b0
520			_aThis 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.
650	2	7	_2FVC _aENDURING POWERS OF ATTORNEY _9230
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_2FVC _aLEGISLATION _9346
650	2	7	_2FVC _aOLDER PERSONS _914002
500			_aNew Zealand Universities Law Review 18(4) 1999 : 481-508
773	0		_tNew Zealand Universities Law Review 18(4) 1999 : 481-508
999			_c2239 _d2239