Page 1585 - Week 08 - Thursday, 28 September 1989
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Thursday, 28 September 1989
___________________________
MR SPEAKER (Mr Prowse) took the chair at 10.30 am and read the prayer.
POWERS OF ATTORNEY (AMENDMENT) BILL 1989
MS FOLLETT (Attorney-General) (10.30): I present the Powers of Attorney (Amendment) Bill 1989. I move:
That this Bill be agreed to in principle.
An enduring power of attorney is a power of attorney that continues in force even though the donor of the power becomes mentally incapable. Under current ACT law, with very limited exceptions, it is not possible to create an enduring power of attorney. Earlier this year, the Australian Law Reform Commission issued a report that recommended amendments to the Powers of Attorney Act 1956 that would allow people to simply and safely create an enduring power of attorney. This Bill implements the recommendations of the commission.
These amendments are particularly important for elderly people and those people with diseases such as Alzheimer's disease which will, over a long period, destroy their mental faculties - I make clear to those opposite that that is mental faculties, not dental faculties. It will allow them to plan for the future, choose who will manage their affairs for them and avoid the indignity of having to be declared incapable by a court to enable the court to appoint a guardian.
This Bill includes a form in the schedule which a person wanting to create an enduring power may use. The form is written in "plain English" so that anyone wishing to create an enduring power can do so without necessarily having to seek legal advice. The form and a "plain English" explanatory pamphlet will be widely available from the Public Trustee, the Government Law Office and through relevant community groups.
An enduring power of attorney will allow a person to give his or her attorney the power to manage that person's money and property. It will also, but optionally, give the attorney the power to make personal decisions and arrangements and power to give consent to medical treatment on the donor's behalf. These powers will operate only while the donor is mentally incapable.
By accepting responsibilities under an enduring power, an attorney is legally obliged to perform certain duties. He
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