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Law Council of Australia


National Roundtable: Enduring Power of Attorney (EPOA) Law Reforms

10 August 2021

On 15 July 2021, Dr Jacoba Brasch QC, President of the Law Council of Australia convened a national roundtable to discuss EPOA law reforms.

There is significant interest in this area given that the Meeting of Attorneys-General is currently considering a national register for financial EPOAs. The Roundtable brought together national experts from the legal sector (including the Law Council’s Constituent Bodies), public advocates, older persons stakeholder groups, law reform and human rights representatives.

The purpose of the Roundtable was to:

To address each purpose, the Roundtable was divided into Parts A and B respectively during which three panellists addressed a number of recommendations proposed by the Law Council, followed by general participant discussion:

Part A – Why are more consistent EPOA arrangements needed?

Part B – How can we achieve more consistent EPOA laws?

Amongst other things, general consensus was achieved regarding the following recommendations directed towards shaping the future direction of law reform in relation to EPOA laws.

Participants also agreed that certain model provisions could form an important starting point for national law reform in this area. These are directed towards ensuring that a person making an enduring document makes an informed decision about its content and the identity of the appointed decision-maker, and that the decision-maker understands, and commits to comply with, their duties and obligations.

Further details of the agreed recommendations, as well as additional matters raised at the Roundtable, are outlined in the Law Council’s Communiqué.

As a next step, the Law Council will consult with its Constituent Bodies to further refine these proposals.



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