The government has set out to address widespread concern that there is no robust or consistent data on the number of powers of attorney in existence or the number being created, amended or revoked at any given time. Attorney-General Christian Porter has released a consultation paper outlining a range of options for improving the administration of powers of attorney. He is calling for submissions. The release of the consultation paper follows an agreement of the Council of Attorney General in December to implement a national online register of enduring power of attorney documents and to work on further safeguards. The initiative is designed to ensure enduring power of attorney documents are legitimate and current. According to the consultation paper, financial institutions report ongoing concerns with being able to identify if a power of attorney can be relied upon to make financial decisions. The majority of transactions made under cover of a power of attorney occur through a financial institution. There is no easily accessible, nationally consistent source of data which banks and other financial institutions can use to determine whether a power of attorney is current and valid. The Australian Law Reform Commission highlighted misuse of powers of attorney in its 2017 report on Elder Abuse The Attorney-General's Consultation Regulation Impact Statement presents three options: the status quo, where various state laws provide a variety of regulatory frameworks; a regulatory option, with mandatory registration and a national data source open to approved third parties; and a non-regulatory option, which would involve the government facilitating a voluntary registration system. Currently, all Australian states and territories have laws that allow for enduring documents to be made in relation to financial matters. There are two types of power of attorney. A general POA applies for a specific time and is generally used in circumstances where a person may be unable to undertake transactions for themselves, such as when they are overseas. An enduring power of attorney is designed to continue once a principal's decision-making capacity declines. The government's concern is with enduring POAs. The paper says enduring POAs may be altered or revoked by the principal. A person may therefore make several enduring POAs during their lifetime. Where a document is changed or revoked there is no legal requirement that these changes be communicated to a financial institution. "In the absence of an accessible data source to establish whether a document, as presented, is valid and has not been superseded, transactions which are technically no longer allowable may continue to be made," it says.