SALRI's Examination of Enduring Powers of Attorney: Charter for Abuse or Necessary Aspect of Daily Life?

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2021

Authors

Plater, D.
Golding, G.
Villios, S.

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Bulletin (Law Society of South Australia), 2021; 43(6):22-25

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David Plater, Gabrielle Golding, and Sylvia Villios

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Abstract

In January, 2021, the independent South Australian Law Reform Institute (SALRI), based at the Adelaide Law School released its major report into the role and operation of Enduring Powers of Attorney (EPAs) under the Powers of Attorney and Agency Act 1984 (SA) (POA Act) in South Australia. SALRI's report made 120 recommendations for changes to law and practice to clarify and improve the use and operation of EPAs in South Australia. In particular, SALRI's recommendations are aimed at achieving the right balance between providing better safeguards against abuse and ensuring that people are not deterred from entering into these arrangements. SALRI's recommendations drew on its extensive multidisciplinary research and consultation with the legal profession, interested parties, experts and the community. The former Attorney-General, the Hon John Rau SC MP, and the present Attorney-General, the Hon Vickie Chapman MP, both supported SALRI's review.

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