Overview Questions
Do you support Attorneys-General working towards achieving greater consistency in financial EPOA laws, as an elder abuse prevention measure?
Please select one item
Radio button:
Unticked
Yes, strongly support
Radio button:
Ticked
Yes, somewhat support
Radio button:
Unticked
Neutral, undecided
Radio button:
Unticked
No, somewhat do not support
Radio button:
Unticked
No, strongly do not support
Do the proposals for feedback in the Consultation Paper address a suitable range of areas for achieving greater national consistency?
Please select one item
Radio button:
Unticked
Yes, a suitable range of areas are addressed
Radio button:
Ticked
Neutral, undecided
Radio button:
Unticked
No, the range of areas currently addressed is not suitable
Please expand on your answers
Enter your response below
Q1 - minimal nationalisation may provide some efficiencies
Moving towards achieving greater national consistency
What do you suggest governments should prioritise as the next steps in moving towards greater national consistency? For example, this might involve working towards a single national form, or jurisdictions pursuing their own reforms over time to align with an agreed set of provisions.
Enter your response below
Reform to achieve higher level minimum consistencies, and
education for all stakeholders, principals, attorneys, witnesses, family, community, particularly awareness “ small bites” campaigns.
education for all stakeholders, principals, attorneys, witnesses, family, community, particularly awareness “ small bites” campaigns.
Execution of Enduring Powers of Attorney & Witnessing Arrangements in Relation to Principals
In moving towards greater national consistency, do you endorse states and territories taking different approaches to the number of witnesses required, and the qualification requirements for witnesses?
Please select one item
Radio button:
Ticked
Yes, I support having different approaches to the number of witnesses, and the qualifications for witnesses
Radio button:
Unticked
Yes, I support different approaches to the number of witnesses, but jurisdictions should work towards having a common set of qualification requirements
Radio button:
Unticked
Yes, I support different approaches to the qualifications for witnesses, but there should be consistency in the number of witnesses required
Radio button:
Unticked
No, I do not support having different approaches to these matters
Please expand on your response
Broader range witnesses should be available. Publicly funded witness programs should be available to ensure access all community.
Please share your feedback on the obligations proposed for authorised witnesses, and the model of having differing requirements for different types of authorised witnesses (such as Australian legal practitioners).
Enter your response below
Set information should be accessible in other formats.
Acceptance of appointment by an attorney
Would the proposed role(s) for the authorised witness provide an appropriate degree of assurance that the attorney understands the obligations of their appointment?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Please expand on your response
Due to extent of responsibility on witness and if qualified witness limited to lawyers, potential conflict, costs, availability of witnesses (eg 4 attorneys in one rural township) - and as this is about legal risk being covered by lawyers insurance, don’t believe model proposed is acceptable.
Limitation of choice. Closed competition.
Prefer 3hr training module (inline, workshops) that publicly run by one agency for consistency and efficiency - certificate issued and provided to principal - it is for attorney to directly reassure principal - not witnesses. Attorney self-responsibility. This would also red flag issues to principal about who they thought they could trust and empower. Being an attorney is serious business and they need training and resources.
Limitation of choice. Closed competition.
Prefer 3hr training module (inline, workshops) that publicly run by one agency for consistency and efficiency - certificate issued and provided to principal - it is for attorney to directly reassure principal - not witnesses. Attorney self-responsibility. This would also red flag issues to principal about who they thought they could trust and empower. Being an attorney is serious business and they need training and resources.
Revocation of an EPOA
Do the proposed requirements for revocation of an EPOA balance the relevant considerations in relation to:
| The extent of obligation placed upon the authorised witness, regardless of the qualifications or positions they hold Yes Radio button: Checked Yes | The extent of obligation placed upon the authorised witness, regardless of the qualifications or positions they hold No Radio button: Not checked No |
| Ensuring a principal is supported to understand the effect of revoking an EPOA Yes Radio button: Checked Yes | Ensuring a principal is supported to understand the effect of revoking an EPOA No Radio button: Not checked No |
| Flexibility to accommodate circumstances where urgent revocation is required Yes Radio button: Checked Yes | Flexibility to accommodate circumstances where urgent revocation is required No Radio button: Not checked No |
Please expand on your response
Any variation or revocation of the document, steps to give notice should be given.
As service of notice can be problematic (attorney avoidance/rejection), alternative should be being available (default), e.g. add to register (eg court)
Presume land registries updated as well.
As service of notice can be problematic (attorney avoidance/rejection), alternative should be being available (default), e.g. add to register (eg court)
Presume land registries updated as well.
Automatic revocation of an EPOA
To what extent do you agree that if the following occurred after the execution of an EPOA, it should be grounds for automatic revocation.
| An attorney is convicted of an offence involving dishonesty Strongly Agree Radio button: Checked Strongly Agree | An attorney is convicted of an offence involving dishonesty Agree Radio button: Not checked Agree | An attorney is convicted of an offence involving dishonesty Neutral Radio button: Not checked Neutral | An attorney is convicted of an offence involving dishonesty Disagree Radio button: Not checked Disagree | An attorney is convicted of an offence involving dishonesty Strongly Disagree Radio button: Not checked Strongly Disagree |
| An attorney is convicted of an offence involving violence within the principal’s family or domestic context Strongly Agree Radio button: Not checked Strongly Agree | An attorney is convicted of an offence involving violence within the principal’s family or domestic context Agree Radio button: Not checked Agree | An attorney is convicted of an offence involving violence within the principal’s family or domestic context Neutral Radio button: Checked Neutral | An attorney is convicted of an offence involving violence within the principal’s family or domestic context Disagree Radio button: Not checked Disagree | An attorney is convicted of an offence involving violence within the principal’s family or domestic context Strongly Disagree Radio button: Not checked Strongly Disagree |
| An attorney is a person against whom an interim or final family violence intervention order is made, where the order is relevant to the principal’s family or domestic context Strongly Agree Radio button: Not checked Strongly Agree | An attorney is a person against whom an interim or final family violence intervention order is made, where the order is relevant to the principal’s family or domestic context Agree Radio button: Not checked Agree | An attorney is a person against whom an interim or final family violence intervention order is made, where the order is relevant to the principal’s family or domestic context Neutral Radio button: Not checked Neutral | An attorney is a person against whom an interim or final family violence intervention order is made, where the order is relevant to the principal’s family or domestic context Disagree Radio button: Checked Disagree | An attorney is a person against whom an interim or final family violence intervention order is made, where the order is relevant to the principal’s family or domestic context Strongly Disagree Radio button: Not checked Strongly Disagree |
| An attorney becomes bankrupt or personally insolvent Strongly Agree Radio button: Not checked Strongly Agree | An attorney becomes bankrupt or personally insolvent Agree Radio button: Checked Agree | An attorney becomes bankrupt or personally insolvent Neutral Radio button: Not checked Neutral | An attorney becomes bankrupt or personally insolvent Disagree Radio button: Not checked Disagree | An attorney becomes bankrupt or personally insolvent Strongly Disagree Radio button: Not checked Strongly Disagree |
Please expand on your answer
Auto revocation on execution new one - won’t you want notice to be given??
Also privacy /confidentiality considerations when a new is used to revoke versus formal revocation document
Also privacy /confidentiality considerations when a new is used to revoke versus formal revocation document
The eligibility of attorneys
How appropriate is the proposed five-year ineligibility period in the following scenarios:
| A prospective attorney has been convicted of an offence involving dishonesty Highly appropriate Radio button: Checked Highly appropriate | A prospective attorney has been convicted of an offence involving dishonesty Appropriate Radio button: Not checked Appropriate | A prospective attorney has been convicted of an offence involving dishonesty Somewhat appropriate Radio button: Not checked Somewhat appropriate | A prospective attorney has been convicted of an offence involving dishonesty Inappropriate Radio button: Not checked Inappropriate | A prospective attorney has been convicted of an offence involving dishonesty Highly inappropriate Radio button: Not checked Highly inappropriate |
| A prospective attorney has been convicted of an offence involving violence occurring within the principal’s family or domestic context Highly appropriate Radio button: Not checked Highly appropriate | A prospective attorney has been convicted of an offence involving violence occurring within the principal’s family or domestic context Appropriate Radio button: Not checked Appropriate | A prospective attorney has been convicted of an offence involving violence occurring within the principal’s family or domestic context Somewhat appropriate Radio button: Not checked Somewhat appropriate | A prospective attorney has been convicted of an offence involving violence occurring within the principal’s family or domestic context Inappropriate Radio button: Not checked Inappropriate | A prospective attorney has been convicted of an offence involving violence occurring within the principal’s family or domestic context Highly inappropriate Radio button: Not checked Highly inappropriate |
| A prospective attorney is a person who is bankrupt or personally insolvent Highly appropriate Radio button: Not checked Highly appropriate | A prospective attorney is a person who is bankrupt or personally insolvent Appropriate Radio button: Checked Appropriate | A prospective attorney is a person who is bankrupt or personally insolvent Somewhat appropriate Radio button: Not checked Somewhat appropriate | A prospective attorney is a person who is bankrupt or personally insolvent Inappropriate Radio button: Not checked Inappropriate | A prospective attorney is a person who is bankrupt or personally insolvent Highly inappropriate Radio button: Not checked Highly inappropriate |
| A prospective attorney is a person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Highly appropriate Radio button: Not checked Highly appropriate | A prospective attorney is a person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Appropriate Radio button: Checked Appropriate | A prospective attorney is a person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Somewhat appropriate Radio button: Not checked Somewhat appropriate | A prospective attorney is a person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Inappropriate Radio button: Not checked Inappropriate | A prospective attorney is a person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Highly inappropriate Radio button: Not checked Highly inappropriate |
How appropriate is the proposed ‘disclose and approve’ provision in the following scenarios:
| A person who has been convicted of an offence involving dishonesty Highly appropriate Radio button: Not checked Highly appropriate | A person who has been convicted of an offence involving dishonesty Appropriate Radio button: Not checked Appropriate | A person who has been convicted of an offence involving dishonesty Somewhat appropriate Radio button: Not checked Somewhat appropriate | A person who has been convicted of an offence involving dishonesty Inappropriate Radio button: Not checked Inappropriate | A person who has been convicted of an offence involving dishonesty Highly inappropriate Radio button: Checked Highly inappropriate |
| A person who is bankrupt or personally insolvent Highly appropriate Radio button: Not checked Highly appropriate | A person who is bankrupt or personally insolvent Appropriate Radio button: Not checked Appropriate | A person who is bankrupt or personally insolvent Somewhat appropriate Radio button: Not checked Somewhat appropriate | A person who is bankrupt or personally insolvent Inappropriate Radio button: Not checked Inappropriate | A person who is bankrupt or personally insolvent Highly inappropriate Radio button: Checked Highly inappropriate |
| A person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Highly appropriate Radio button: Not checked Highly appropriate | A person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Appropriate Radio button: Not checked Appropriate | A person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Somewhat appropriate Radio button: Not checked Somewhat appropriate | A person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Inappropriate Radio button: Not checked Inappropriate | A person who has been bankrupt or personally insolvent in the last five years prior to the execution of the EPOA Highly inappropriate Radio button: Checked Highly inappropriate |
Are there other types of offences, intervention or protection orders or criteria, which should make a person: entirely ineligible for appointment under a financial EPOA, or ineligible for a five year or another period?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Please expand on your response
First proposal - “act” versus being “eligible” for appointment at time of appointment (vs active time, noting these vary).
Greater clarity in legislation on what happens when become ineligible in time after appointment required. Qld legislations reads like the caring criteria only affects personal matters, and what process available to those involved to declare, versus court application process.
Greater clarity in legislation on what happens when become ineligible in time after appointment required. Qld legislations reads like the caring criteria only affects personal matters, and what process available to those involved to declare, versus court application process.
Interstate recognition
Please rate your agreement with the following:
| The interstate recognition requirements for financial EPOAs, as they apply in my jurisdiction, are working effectively Strongly Agree Radio button: Not checked Strongly Agree | The interstate recognition requirements for financial EPOAs, as they apply in my jurisdiction, are working effectively Agree Radio button: Not checked Agree | The interstate recognition requirements for financial EPOAs, as they apply in my jurisdiction, are working effectively Neutral Radio button: Checked Neutral | The interstate recognition requirements for financial EPOAs, as they apply in my jurisdiction, are working effectively Disagree Radio button: Not checked Disagree | The interstate recognition requirements for financial EPOAs, as they apply in my jurisdiction, are working effectively Strongly Disagree Radio button: Not checked Strongly Disagree |
Access to justice issues
Please rate your agreement with the following:
| The current arrangements for managing EPOA disputes through existing court and tribunal systems in your jurisdiction are working effectively Strongly Agree Radio button: Not checked Strongly Agree | The current arrangements for managing EPOA disputes through existing court and tribunal systems in your jurisdiction are working effectively Agree Radio button: Not checked Agree | The current arrangements for managing EPOA disputes through existing court and tribunal systems in your jurisdiction are working effectively Neutral Radio button: Not checked Neutral | The current arrangements for managing EPOA disputes through existing court and tribunal systems in your jurisdiction are working effectively Disagree Radio button: Checked Disagree | The current arrangements for managing EPOA disputes through existing court and tribunal systems in your jurisdiction are working effectively Strongly Disagree Radio button: Not checked Strongly Disagree |
| The proposed approach to compensation is appropriate Strongly Agree Radio button: Not checked Strongly Agree | The proposed approach to compensation is appropriate Agree Radio button: Checked Agree | The proposed approach to compensation is appropriate Neutral Radio button: Not checked Neutral | The proposed approach to compensation is appropriate Disagree Radio button: Not checked Disagree | The proposed approach to compensation is appropriate Strongly Disagree Radio button: Not checked Strongly Disagree |
| The proposed approach to offences appropriate Strongly Agree Radio button: Not checked Strongly Agree | The proposed approach to offences appropriate Agree Radio button: Checked Agree | The proposed approach to offences appropriate Neutral Radio button: Not checked Neutral | The proposed approach to offences appropriate Disagree Radio button: Not checked Disagree | The proposed approach to offences appropriate Strongly Disagree Radio button: Not checked Strongly Disagree |
Please expand on your response for each three statements
Need fast track for those with terminal conditions.
Need more resources generally - too slow. With financial matters time is of essence.
Need anyone who defined as claimant in Estate to have rights to call on accounting and records, as attorneys tend to be also be appointed executors who block investigations. In fact should be mandatory disclosure filing in court of financial records and records of decisions made while financial attorney for those estates that power was active and only ended with death of principal.
Need more resources generally - too slow. With financial matters time is of essence.
Need anyone who defined as claimant in Estate to have rights to call on accounting and records, as attorneys tend to be also be appointed executors who block investigations. In fact should be mandatory disclosure filing in court of financial records and records of decisions made while financial attorney for those estates that power was active and only ended with death of principal.
Information, resources or training for witnesses and attorneys
Please rate your agreement with the following:
| The resources, guidance and training for witnesses in your jurisdiction are suitable to enable them to undertake their role Strongly Agree Radio button: Not checked Strongly Agree | The resources, guidance and training for witnesses in your jurisdiction are suitable to enable them to undertake their role Agree Radio button: Not checked Agree | The resources, guidance and training for witnesses in your jurisdiction are suitable to enable them to undertake their role Neutral Radio button: Checked Neutral | The resources, guidance and training for witnesses in your jurisdiction are suitable to enable them to undertake their role Disagree Radio button: Not checked Disagree | The resources, guidance and training for witnesses in your jurisdiction are suitable to enable them to undertake their role Strongly Disagree Radio button: Not checked Strongly Disagree |
Please rate your agreement with the following:
| The resources, guidance and training for attorneys in your jurisdiction are suitable to enable them to undertake their role Strongly Agree Radio button: Not checked Strongly Agree | The resources, guidance and training for attorneys in your jurisdiction are suitable to enable them to undertake their role Agree Radio button: Not checked Agree | The resources, guidance and training for attorneys in your jurisdiction are suitable to enable them to undertake their role Neutral Radio button: Not checked Neutral | The resources, guidance and training for attorneys in your jurisdiction are suitable to enable them to undertake their role Disagree Radio button: Not checked Disagree | The resources, guidance and training for attorneys in your jurisdiction are suitable to enable them to undertake their role Strongly Disagree Radio button: Checked Strongly Disagree |
Are there additional resources, assistance or guidance that should be made available to assist attorneys to financial EPOAs?
Enter your response below
Like the JP/CDec handbook, there should be a manual for attorneys.
If the public trust has a manual on being administrators, then this could be a starting point.
Also suggest online training module and/or workshops.
Think about - most executors and trustees rely on lawyers, but attorneys do not and cannot for entire active period of work.
If the public trust has a manual on being administrators, then this could be a starting point.
Also suggest online training module and/or workshops.
Think about - most executors and trustees rely on lawyers, but attorneys do not and cannot for entire active period of work.
Other initiatives for preventing and responding to financial elder abuse
Please provide any feedback on other non-legislative work that the Commonwealth, states and territories could prioritise to prevent and respond to financial elder abuse, particularly any that would complement work to achieve greater consistency in financial EPOA laws.
Enter your response below
Like the JP/CDec handbook, there should be a manual for attorneys.
If the public trust has a manual on being administrators, then this could be a starting point.
If the public trust has a manual on being administrators, then this could be a starting point.