1
Message from the Commissioner
All Australians, regardless of age or ability, have the right to live with dignity, security, autonomy and control
over their lives and wellbeing.
However, at any age, situations can arise that impact on our ability to make decisions about our lives. This may
be due to illness, injury or cognitive decline.
Whether temporary or permanent, it does not mean we have to relinquish control over decisions that affect
our lives. There are a range of preparatory steps we can take, as well as formal or informal arrangements we
can put in place, to help with safeguarding our rights, wishes and preferences for future decision-making.
A ‘financial enduring power of attorney’ (FEPOA) is one such arrangement and is an important option when it
comes to providing control over how our finances and assets will be managed.
This research was undertaken to contribute to building a national picture about the current state of awareness,
use and knowledge about FEPOAs in Australia and to provide insights about the FEPOA education needs and
preferences of Australians.
The data confirms that while FEPOAs are valued by Australians, there is limited community awareness and
significant gaps in knowledge about FEPOAs, including understanding of rights and obligations under these
legal instruments. Additionally, while cognisant of potential risks, such as financial abuse arising from misuse
of FEPOAs, few are equipped to mitigate these risks.
Survey respondents made clear the criticality of more education on FEPOAs and expressed their wants
and needs for this education, including that it be in plain English, endorsed by a trusted source, centralised,
accessible and culturally appropriate. Notably, 93% of Australians believed it was either very important or
moderately important that information was standardised across the entire country.
It is my hope that the evidence from this research will inform and bring renewed energy to government efforts
to reform and achieve national consistency in FEPOA laws across jurisdictions – a necessary precursor to
the provision of standardised national education – as well as provide a basis for the future development and
tailoring of FEPOA education.
I want to thank our external research partner and the dedicated team at the Commission who worked on this
project. A special thanks to Dr John Chesterman, the Public Advocate for Queensland, for contributing his
knowledge and expertise as our expert adviser for this research. I would also like to acknowledge and thank
our survey respondents who, through their voices and candid sharing of their knowledge and experiences,
have brought this report to life.
The way forward is clear. As recommended by the 2017 Australian Law Reform Commission report ‘Elder
Abuse – A National Legal Response’, and indeed inquiries going back almost twenty years, national
consistency in FEPOA legislation is the first step to reducing complexity and enabling a coherent national
approach to filling the knowledge and education gaps so clearly identified in this report.
Two decades of inaction is long enough, the time to act is now.
Robert Fitzgerald AM
Age Discrimination Commissioner
Australian Human Rights Commission
Chapter : 1
Message from the Commissioner
7