Page 1745 - Week 09 - Tuesday, 17 October 1989
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Under the current ACT legislation it is possible to create an enduring power of attorney, but it has a maximum duration of only two years, or it could be for a longer period where the maker of the power pays the attorney consideration for agreeing to perform the functions of an attorney.
The amendments that are being proposed to the Powers of Attorney Act 1956 will now allow ACT citizens to create a power of attorney that will continue to be effective even after the person who created the power becomes mentally incapable. So they will be able to appoint an attorney to manage their property and money and may also authorise their attorney to make personal decisions and give consent to medical treatment and medical donations on their behalf.
The proposed new provisions mean that people can plan for the future. They can choose who will manage their affairs and avoid the indignity of having to be declared incapable by a court by enabling the court to appoint a guardian for them.
The Government does propose to make available an explanatory pamphlet which will explain in simple terms the purposes of and the responsibilities under an enduring power. I expect that the pamphlet will be available from the Public Trustee, the Government Law Office and relevant community organisations.
I have taken particular note, Mr Speaker, of the comments that Ms Maher made in regard to the use of the Public Trustee or trustee companies in these sorts of situations. I believe that Ms Maher is referring to the Law Reform Commission's forthcoming report on the question of guardianship. That report has not yet been made public, but I believe it will be in the near future. I believe also that it does make some comments about the matters which Ms Maher raised.
In order to meet the concerns that Ms Maher has expressed, I will at the appropriate time be moving an amendment which has been circulated and which I think overcomes the difficulty to which Ms Maher referred in her comments. Again, Mr Speaker, I thank members of the Assembly for their support for the Bill.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Clauses 1 to 4, by leave, taken together, and agreed to.
Clause 5 (Addition)
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