Consultation on the proposed Powers of Attorney Bill 2021
The South Australia Attorney-General's is seeking feedback and comments on the Government's proposed Powers of Attorney Bill 2021 (the draft Bill).
The draft Bill enacts a large number of the recommendations from the report released by the South Australian Law Reform Institute (SALRI) titled 'Valuable Instrument or the Single Most Abused Legal Document in our Judicial System? A Review of the Role and Operation of Enduring Powers of Attorney in South Australia'.
The SALRI Report indicated that the current Powers of Attorney and Agency Act 1984 (POA Act) is incomplete in a number of areas and recommended a number of legislative changes.
The draft Bill repeals the Powers of Attorney and Agency Act 1984 (POA Act) and enacts a new Powers of Attorney Act aimed at:
- modernising power of attorney laws to reflect current community expectations
- clarifying matters that are not included in the POA Act
- increasing protections to prevent financial abuse
- improving statutory remedies.
Further information about the proposed reforms may be found online via the YourSAy website
NDS encourages members to either submit their organisation’s views independently or send it through to NDS in SA.
Please send your feedback to Janine Lenigas before Monday, 29 November 2021. Feedback received from members will be collated and submitted to the Attorney-General's Department.