This guide details the obligations of legal practitioners in assessing mental capacity and provides practical guidance.
The Law Council has also published similar materials online by its Constituent Bodies. The publication of these materials continues the commitment of the Law Council to mitigate the risk of elder financial abuse in the wake of the seminal 2017 Australian Law Reform Commission report, Elder Abuse – A National Legal Response.
In 2021, the Law Council held a national roundtable to increase national awareness of financial elder abuse arising from enduring power of attorney (EPOA) arrangements. The roundtable produced a Communiqué with model provisions which comprise the core essential features of more consistent EPOA laws to mitigate the risk of such abuse.
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