NCJ Number
119012
Date Published
1988
Length
42 pages
Annotation
This report examines whether it should be possible in the Australian Capital Territory for a person to give a power of attorney that continues to operate after the person becomes legally incapable.
Abstract
This report examines the current law in the Australian Capital Territory under which the power of attorney lapses as soon as the donor of a power of attorney becomes incapable. The commission concludes that the law ought to be amended to allow enduring powers of attorney to overcome this anomaly. A number of safeguards are specified to protect the donors of enduring powers of attorney, particularly after they have become incapable. The recommended scheme is simple and easy to operate. The report also considers whether enduring powers of attorney should be able to confer "guardianship-type powers" on the attorney, such as the power to make daily decisions for the donor and the power to give consent to medical treatment for the donor. The report recommends that enduring powers of attorney be able to confer these powers on donees, subject to safeguards. These powers, however, should only be exercised by the donee while the donor is incapacitated. Appended supplementary material, tables of cases and legislation, 10-item bibliography. (Author summary modified)