Victoria's Powers of Attorney Act 2014: Promoting the rights of persons with impaired decision-making capacity
Abstract
Simonet, Emanuel Nicolas Cortes Victoria's new Powers of Attorney Act 2014 came into operation on 1 September 2015. Following recommendations by the Victorian Parliament Law Reform Committee, changes have been introduced in the new Act to simplify the process of making an enduring power of attorney. Reforms include the addition of a section on capacity, the introduction of a supportive attorney role distinct from the enduring power of attorney role, and the enhancement of safeguards. This article analyses how the new Powers of Attorney Act 2014 empowers persons with impaired decision-making capacity and also strengthens the mechanisms which protect them from abuse.