For too long, the lack of a national power of attorney (POA) register has left older Australians, their families, and financial institutions grappling with a fragmented and inconsistent system. With each state and territory maintaining its own rules, product providers—including banks, super funds, and financial institutions—are forced to navigate a web of differing legal requirements, making it harder to protect older Australians from financial abuse.

Now, there is a real opportunity for policymakers, regardless of political affiliation, to step up and deliver a long-overdue national POA register. Such a reform would not only provide greater certainty for families and product providers but would also play a critical role in reducing instances of elder financial abuse, a growing issue in Australia’s ageing population.

In their report titled "Empowering futures: a report on enduring powers of attorney (2024)^" the Australian Human Rights Commission recommended "Federal, State and Territory governments to urgently implement reforms to achieve national consistency in laws governing FEPOAs across jurisdictions - a necessary precursor to enabling a coherent approach to filling the knowledge and education gaps identified in the research".

“All Australians, regardless of age or ability, have the right to live with dignity, security, autonomy and control over their lives and wellbeing,” said Age Discrimination Commissioner Robert Fitzgerald AM.

“An enduring power of attorney is a critical option to give people that control, but most Australians know very little about it. 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."

The Current Problem: Inconsistency, Confusion, and Risk

The absence of a single, national POA register has created a system that is unnecessarily complex and vulnerable to misuse. Key issues include:

• Lack of Uniformity – Every state and territory has different POA forms, requirements, and legal frameworks, making it difficult for organisations operating nationally to verify and accept POA documents confidently.
• Challenges in Verification – Product providers often struggle to determine whether a POA document is valid, current, or revoked, leading to delays or, worse, instances where a fraudulent or outdated POA is unknowingly accepted.
• Increased Risk of Elder Financial Abuse – Without a centralised register, it is harder to track or flag misuse, leaving older Australians vulnerable to financial exploitation by unscrupulous attorneys.
• Administrative Burden – Families managing the affairs of an ageing relative face significant red tape, with institutions frequently requiring additional legal advice before they accept a POA.

The Case for a National POA Register

A properly designed national POA register would transform how POAs are managed and verified, benefiting multiple stakeholders:

1. Greater Security for Older Australians

By ensuring that only valid, up-to-date POAs are in effect, a national register would provide a safeguard against fraud, misrepresentation, and financial abuse. It would also offer a straightforward way to check if a POA has been revoked, preventing misuse by former attorneys.

2. Clarity and Confidence for Product Providers

A national register would allow banks, super funds, and financial institutions to instantly verify a POA’s legitimacy, reducing compliance risks and avoiding the delays that currently frustrate customers and staff alike.

3. Easier for Families and Attorneys

A centralised, digital register would remove the uncertainty that families currently experience when trying to use a POA across different states or institutions. Attorneys acting in good faith would no longer have to repeatedly prove the legitimacy of their authority, simplifying processes at a time when families are often under stress.

4. Stronger Protections Against Elder Financial Abuse

A national system would make it easier to flag suspected abuse, track patterns of misuse, and revoke POAs where there are concerns about exploitation. Combined with better reporting mechanisms, this could help prevent cases where older Australians lose their life savings to unscrupulous attorneys.

5. A Simpler, More Efficient System

Government agencies, businesses, and community organisations would all benefit from a streamlined, national approach that eliminates unnecessary complexity and duplication.

A Policy Reform That Makes Sense—For Any Government

This is not a partisan issue; it is a practical, common-sense reform that benefits all Australians. Both sides of politics have a chance to lead on this issue, demonstrating their commitment to protecting older Australians and making life easier for families and businesses.

With Australia’s ageing population growing, the need for robust legal and financial protections is more urgent than ever. The longer this issue is left unaddressed, the more families, product providers, and older Australians will suffer unnecessary financial and legal burdens.

A national POA register is a straightforward, high-impact reform that reduces risk, improves efficiency, and provides stronger protections against elder financial abuse. The time for action is now.

Will policymakers seize this opportunity? Or will they continue to allow a fragmented system to put some of the most vulnerable Australians at risk?

^https://humanrights.gov.au/our-work/age-discrimination/publications/empowering-futures-report-enduring-powers-attorney-2024