– considerations to be had prior to arranging an FEPOA and ongoing considerations once an FEPOA is formalised – the importance of thinking through their wishes and preferences while they have capacity and communicating these wishes and preferences to their appointed decision-maker(s) and other trusted people while they have capacity – how appointed decision-maker(s) can respect the principal’s wishes when carrying out their duties – other protective actions e.g. seeking expert advice, setting limits and/or conditions in their FEPOA, speaking to a trusted third party etc. The Commission recommends updating and adapting AGAC’s publication ‘You Decide Who Decides’ into the suite of national education materials.11 The involvement of elder abuse and relevant sector peak bodies, such as the Law Council of Australia and the Australian Banking Association, in developing education as well as ongoing monitoring and evaluation involving feedback from end-users, will be important in ensuring the FEPOA information and education is effective and appropriately targeted. (c) National consistency in FEPOA laws The Commission’s research found that while FEPOAs are generally seen as instruments of value, there are critical knowledge and education gaps among Australians. The longer these gaps remain, the longer those currently involved in an FEPOA, and many others who will enter one, will remain vulnerable to potential abuse. While currently over 16% of Australians are aged 65 and over, this is expected to increase to between 21% and 23% by 2066. As Australia’s population continues to age, it is likely these risks will be exacerbated.12 The survey, including responses to open questions, captured key themes that reflect a general sentiment among Australians that more FEPOA education is needed. Australians want this education to be user-friendly, accessible, endorsed by a trusted source and, importantly, centralised and standardised across the country. As noted in past inquiries and reports, the current fragmented and complex FEPOA landscape, characterised by inconsistencies in FEPOA laws across jurisdictions, presents a barrier to developing and delivering effective standardised education at the national level. The achievement of national consistency in FEPOA laws is a necessary precursor to the development of standardised national education and a national awareness strategy as recommended in Recommendations 1 and 2. Recommendation 3: The Commission recommends, in line with recommendation 5-3 from the Australian Law Reform Commission’s 2017 report ‘Elder Abuse – A National Legal Response’, that the Australian Government and State and Territory Governments achieve national consistency in FEPOA laws as a priority, followed by the establishment of a national register of enduring documents and the development and delivery of national education and a national awareness strategy as recommended above. Notwithstanding the Commission’s clear view that Recommendation 3 must be implemented urgently as a top priority, the Commission is concerned about the cohort of Australians who are currently impacted by the identified awareness and education gap and who will remain vulnerable during the time it may take to implement the much-needed reform. To this end the Commission urges the Australian Government to not delay in taking steps towards progressing Recommendations 1 and 2 in the interim by focusing on building knowledge and awareness around common core elements, principles or messaging on the importance of planning ahead and FEPOAs. Chapter : 8 Conclusion 59