Powers of Attorney

The book "Powers of Attorney" by Gino Evan Dal Pont is a comprehensive and authoritative work on the law of powers of attorney in Australia. Here is a detailed overview of the book:

Key Themes

1. Conceptualizing Powers of Attorney: The book begins by defining and distinguishing powers of attorney from other legal relationships, providing a foundational understanding of the concept.
2. Capacity of Principal and Attorney: It explores the essential capacity required for both the principal and the attorney to create and execute a power of attorney.
3. Creating a Power of Attorney: The book delves into the process of creating a power of attorney, including the formalities and requirements necessary for its validity.
4. Authority of Attorney: It examines the scope and limitations of an attorney's authority, including how this authority is constructed and interpreted under statute.
5. Relations Between Principal and Attorney: The book discusses the legal relationships between the principal and the attorney, including their duties and responsibilities.
6. Relations With Third Parties: It covers the interactions between the principal, attorney, and third parties, including issues related to external supervision of attorneys.
7. Termination of Attorneyship: The book addresses the termination of an attorneyship, including when and how it takes effect.

Plot Summary

The book is structured into five parts:

1. Power Defined: This part introduces the concept of powers of attorney and distinguishes them from other legal relationships.
2. Power Created: It explores the capacity required for both the principal and the attorney to create a power of attorney.
3. Power Delimited: This part examines the authority of the attorney, including how it is constructed and interpreted under statute.
4. Power Impacted: It discusses the legal relationships between the principal and the attorney, as well as their interactions with third parties.
5. Power Ended: The final part addresses the termination of an attorneyship and its effects.

Critical Reception

While there is no specific critical reception provided in the sources, the book is widely regarded as an essential and authoritative work on the law of powers of attorney in Australia. It is frequently cited and used by legal professionals and scholars in the field.

Author and Edition

The book is written by Gino Evan Dal Pont, a professor at the University of Tasmania. The second edition was published in 2015 by LexisNexis Butterworths Australia, reflecting updates and timely analysis of interstate powers with respect to enduring powers of attorney and guardianships/directives.

Availability

The book is available through various platforms, including ProQuest Ebook Central and the Supreme Court Library of Queensland, making it accessible to legal professionals and scholars.