ACHIEVING GREATER CONSISTENCY IN LAWS FOR FINANCIAL ENDURING POWERS OF ATTORNEY – CONSULTATION PAPER – SEPTEMBER 2023 The work of Relationships Australia
Coherent Identifier 20.500.12592/tht562

ACHIEVING GREATER CONSISTENCY IN LAWS FOR FINANCIAL ENDURING POWERS OF ATTORNEY – CONSULTATION PAPER – SEPTEMBER 2023 The work of Relationships Australia

23 November 2023

Summary

This would be done in the context of the current review of the Family Relationships Services Program, as a way of better enabling that Program to meet the needs of separating families (and acknowledging that separated families and complex family dynamics are associated with abuse and neglect of older people10 – these are separate issues only in the world of government-created siloes). [...] If Governments pursue the ‘authorised witness’ approach (whether for one witness or all witnesses), then it would be desirable for authorised witnesses to have such qualifications and/or experience that enable them to explain, clearly and accurately, to the principal, matters including: o the nature and effect of the instrument they propose to sign, the rights of the principal and the powers and d. [...] The lack of clarity and the existence of legal hurdles in this area is a plain example of how Commonwealth, State and Territory Governments cast the burden of jurisdictional fragmentation on individuals and families who do not have the resources to navigate it – often in times of great stress and disruption in their lives. [...] 10.3 Complementary proposal It would be naïve and imprudent to think that the wealth transfer forecast by the Productivity Commission will occur without conflict, especially given what we know about the current prevalence of abuse of older family members, and some of the drivers of that abuse.20 It is foreseeable that, in the absence of diversion to expert dispute resolution and counselling servic. [...] The value of wraparound services for families maximises: • the possibilities that families are able to confidently support a person’s exercise of autonomy and agency • the quality of the support that family members can give, and • the opportunities for durable change in family dynamics.23 In very high conflict families, practices such as Eldercaring Coordination can help to centre the rights of a.

Pages
27
Published in
Australia

Creators/Authors