The introduction of a compulsory training programme on how to properly operate a Power of Attorney with an oath taken that the appointee comprehends their fiduciary duty and the penalties for misusing the power conferred. The mandatory keeping of proper financial transactions in light of an audit that would be conducted when the Power of Attorney is terminated either by order or at death Expanding the Forfeiture Rule in deceased estates to cut out an abuser and the line of descent from inheritance. abuser’s A further disincentive is to introduce a compensation scheme where a victim’s convicted abuser forfeits all misappropriated assets. The prospect of being disinherited and of having misappropriated assets confiscated would act as a powerful restraint on who might contemplate abuse. “risk-avoiders” The enforcement of penalties of being disinherited and of having misappropriated assets confiscated will effectively impact on who “risk takers” choose to abuse and have the attitude if you This penalty serves “catch me can.” as a line in the sand: Society will ensure that an abuser does not profit from abuse. There is already a precedent for this punitive approach because the NSW Trustee and Guardian is responsible for assets confiscated under the provisions of: The Criminal Assets Recovery Act 1990. The Confiscation of Proceeds of Crime Act 1989. The establishment of a compensation scheme would be consistent with victim’s what has recently been introduced in Victoria where VCAT may hear cases and award compensation to a victim of abuse. The awarding of compensation to the victim constitutes a form of restorative justice. Cases where compensation is awarded would be handled in hearings
The introduction of a compulsory training programme on how to properly operate a Power of Attorney with an oath taken that the appointee comprehends their fiduciary duty and the penalties for misusing the power conferred. The mandatory keeping of proper financial transactions in light of an audit that would be conducted when the Power of Attorney is terminated either by order or at death Expanding the Forfeiture Rule in deceased estates to cut out an abuser and the abuser’s line of descent from inheritance. A further disincentive is to introduce a victim’s compensation scheme where a convicted abuser forfeits all misappropriated assets. The prospect of being disinherited and of having misappropriated assets confiscated would act as a powerful restraint on “risk-avoiders” who might contemplate abuse. The enforcement of penalties of being disinherited and of having misappropriated assets confiscated will effectively impact on “risk takers” who choose to abuse and have the attitude “catch me if you can.” This penalty serves as a line in the sand: Society will ensure that an abuser does not profit from abuse. There is already a precedent for this punitive approach because the NSW Trustee and Guardian is responsible for assets confiscated under the provisions of: The Criminal Assets Recovery Act 1990. The Confiscation of Proceeds of Crime Act 1989. The establishment of a victim’s compensation scheme would be consistent with what has recently been introduced in Victoria where VCAT may hear cases and award compensation to a victim of abuse. The awarding of compensation to the victim constitutes a form of restorative justice. Cases where compensation is awarded would be handled in hearings
70._p_johnson.docx