Protecting the Rights of Those With Dementia Through Mandatory Registration of Enduring Powers? A Comparative Analysis

Trevor Ryan, Bruce Baer Arnold, Wendy Elizabeth Bonython

Research output: Contribution to journalArticleResearchpeer-review

Abstract

This article offers a comparative analysis of selected common law and civil law regimes regarding enduring powers of attorney and guardianship in relation to people who suffer from dementia. It highlights questions about mandatory registration of those powers and the effectiveness of non-registration in terms of promoting the autonomy of the individual and protection of that person’s personal and financial interests. It critiques principle and practice regarding privacy in relation to mandatory registration of enduring powers of attorney. The article argues that proposed reforms in Victoria are deficient with respect to protection of both the privacy and the welfare of the individual with dementia and highlights some potential pitfalls other jurisdictions should be aware of when undertaking their own reviews of the law in this field.
Original languageEnglish
Pages (from-to)355-386
Number of pages32
JournalAdelaide Law Review
Volume36
Issue number2
Publication statusPublished - 2015
Externally publishedYes

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