We want your views on how the law in South Australia can be improved to better protect both the most vulnerable and their appointed attorney.

What’s being decided?

We are investigating whether the current laws that apply to Enduring Powers of Attorney (POAs) are effective and are working to protect vulnerable South Australians. 

POAs:

• Allow individuals (known as principals) to plan for their future by identifying clear legal arrangements for their financial affairs which will take affect when they lose their decision-making capacity
• Enable principals to choose to appoint a trusted person (attorney) in anticipation of losing decision-making capacity
• Provide a mechanism by which individuals can control their future and have been described as ‘an important expression of autonomy’.

We've put together a video below that explains Powers of Attorney. You can view videos of the different areas of Powers of Attorney in our Explanation video tab.

These laws are contained in the Powers of Attorney and Agency Act 1984 (SA) (POA Act) and aim to ensure that those vulnerable are protected under law. 

We are hoping to:

• Identify the problems or concerns with the current law
• Gather the views of the South Australian community about how the law could be improved
• Consider alternative options implemented in other Australian jurisdictions

We want to hear from everyday South Australians as well as legal experts and medical and allied health professionals.

We are particularly interested in your personal experiences with the laws in this area but don't need or want any information that could identify individuals, so please be general when giving examples.

The fact sheets help explain the various areas of POAs that need to be considered. These include discussion questions to coonsider when giving feedback. The terminology reference list may help non-lawyers with some of the terminology used.

Get involved

You can be involved by reading the fact sheets and terminology reference list, then:

• Joining the online discussion
• Filling out any of the surveys:
  • POA in SA 
  • Capacity 
  • Role of the Attorney  
  • Abuse of Powers of Attorney 
  • Register 
• Sending us an email submission to salri_poa@adelaide.edu.au
• Arranging to speak to us by sending a request to salri_poa@adelaide.edu.au

Please note that due to COVID-19 restrictions we will not be undertaking any in person meetings at this time.

Subject to the lifting of COVID-19 restrictions prior to August 2020, we also hope to host community roundtable consultations in Adelaide, Berri, Mount Gambier, Port Lincoln and Port Pirie. Details of these roundtables will be available on this site, as well as advertised in local papers and community radio, and on the SALRI website.

How can your input influence the decision?

Your feedback, as well as our research, will inform our recommendations to the State Government for any law reform required. 

What are the next steps?

We will consider the submissions and provide a report by the end of 2020 with recommendations for the Government about how the law can be improved.

Contact details

For general inquiries, please email us at salri_poa@adelaide.edu.au

Closing date: 5pm, Friday 4 September 2020