Powers of Attorney 4th edition remains the only text that provides a current, detailed and dedicated treatment of Australian law surrounding powers of attorney. It is not confined to Australian law, though, but uses law from the principal common law countries to contextualise our law, and to provide guidance where Australian law may be lacking. The prevalence of powers of attorney - particularly of the enduring variety- makes the work increasingly important over time, especially in view of Australia's ageing population.
Features
Defines the concept, characteristics and classifications the law adopts for powers of attorney
Compares and contrasts powers of attorney with other related relationships known to the law
Highlights the importance of issues of capacity, for both principal and attorney, to the validity or otherwise of a power of attorney
Catalogues the basic elements, specifically the formalities that go to substantiating a power of attorney
Explains the nature and parameters of the authority and the scope and means of varying it
Investigates the extent to which the legal approach to construing an attorney's authority follows conventional approaches to construing other written documents, and explains how the courts have, from early times, promulgated and applied a strict approach to construction
Examines the statutory backdrop for an attorney's authority
Analyses the intra-agency relationship, specifically the duties owed by attorneys to their principals (including all-important fiduciary duties), and the rights attorneys may have against their principals.
Gives an overview of how the curial jurisdiction at law has been broadened by statute
Explains the means whereby attorneyship can terminate and the moment the termination takes effect
Related Titles
Dal Pont, Interpretation of Testamentary Documents, 2nd edition
Dal Pont, Law of Executors and Administrators
Dal Pont, Law of Agency, 4th edition
Dal Pont, Law of Succession, 3rd edition
