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Working the tough issues - R.B. Flinders responds to the Australian Law Reform Commission Elder Abuse Inquiry

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At the end of last year, the Australian Law Reform Commission (ALRC) published its second consultation document for the Elder Abuse Inquiry, titled Elder Abuse (Discussion Paper 83), in consideration of existing Commonwealth laws and frameworks which seek to safeguard and protect older persons from misuse or abuse by formal and informal carers, supporters, representatives and others, and to examine the interaction and relationship of these laws with state and territory laws. (Full consultation document here)

The ALRC invited submissions in response to the proposals, or to any of the material in the Discussion Paper

An Associate at R.B. Flinders, provided a detailed submission in response to the Discussion Paper detailing three main issues for consideration, as follows:

  1. Powers of attorney and the rights and responsibilities that must be clearly defined;
  2. National online register for powers of attorney – arguing in favour of registration for security and accountability purposes; and
  3. Having power of attorney shouldn’t give you access to the principal’s Will, without their express permission and this should be protected.

We look forward to reading the ALRC’s final report to the Attorney-General, which is expected to be delivered at the end of May 2017.

The full submission can be downloaded here from our resources page.

For any enquiries in relation to this submission, or the ALRC’s Discussion Paper, we welcome you to contact our Estate Planning Principal, Paul Traianedes to discuss.

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