Tougher penalties for abuse of Enduring Power of Attorney

On 1 September 2015, the Powers of Attorney Act 2014 (The Act) introduced new civil and criminal penalties for misuse of an enduring power of attorney. The penalties include a fine of up to $91,000 or up to five years imprisonment.

The Act makes it easier to pursue attorneys for breaching their duties. The Act also clearly sets out the duties of an attorney. It is important that if you are appointed as an attorney you fully understand your duties.

For more information about the duties of an attorney contact:

Justin Hartnett
Principal
Harwood Andrews
T: 5225 5220
E: jhartnett@harwoodandrews.com.au

Andrew Robson
Principal
Harwood Andrews Ballarat
T: 5329 6920
E: arobson@harwoodandrews.com.au

Sarah Cohen
Associate
Harwood Andrews
T: 5226 8574
E: scohen@harwoodandrews.com.au

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Witnessing requirements for Enduring Power of Attorney now tighter