Australia’s human rights agency is calling on federal, state and territory governments to work together to achieve national consistency in power of attorney laws.

The recommendation from the Australian Human Rights Commission follows the release of a new report – Empowering futures – which finds “significant gaps” in people’s knowledge about power of attorney laws leaving many vulnerable to potential abuse and exploitation, especially older Australians.

“If people do not understand their rights and responsibilities, it can drive misuse and abuse – severely hurting the people this legal document is meant to protect,” Age Discrimination Commissioner Robert Fitzgerald said. “National consistency in legislation is the first step to both reducing confusion and creating a coherent national approach that fills the knowledge gaps.”

An enduring power of attorney allows a person to appoint someone else to make financial and legal decisions on their behalf, including if they become unable to do so due to illness, cognitive decline or other circumstances. 

Among other findings contained in the 96-page report:

• only half of people with an enduring power of attorney (52%) sought professional advice before creating one
• just a quarter of those (25%) currently acting as appointed decision-makers felt they understood their responsibilities very well when they started their role  
• two-in-five (37%) had granted an enduring power of attorney to someone who showed characteristics identified as risk factors for perpetrating elder abuse 
• very few Australians (6%) felt they knew a lot about financial enduring powers of attorney, while more than a third (35%) felt they knew nothing despite some of them being involved in the process in some way.

The commission – which surveyed more than 6,000 Australians aged 18-plus to gauge current levels of awareness of power of attorney laws – also recommends governments create a national community awareness strategy, which includes educational materials such as a dedicated website and training courses.

“All Australians, regardless of age or ability, have the right to live with dignity, security, autonomy and control over their lives and wellbeing,” Fitzgerald said. “An enduring power of attorney is a critical option to give people that control, but most Australians know very little about it.”

Fitzgerald urged governments to act now. “I look forward to working with all levels of government, and the relevant bodies, to help better safeguard older people’s rights, wishes and preferences in future decision-making.”