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Abstract
This article examines the legal framework in Australia for dealing with financial management of elderly people facing increasing difficulties in managing their own financial affairs. Such difficulties may arise as a result of various conditions which affect mental capacity in old age such as Alzheimer's Disease.
The legal mechanisms that exist in Victoria to assist with cases of this type are enduring powers of attorney and Administration Orders. The effective use of each of these mechanisms is dependent on ascertaining a person's level of “competence” to manage his or her own affairs. The law has struggled over the years with ascertaining what “competence” does and should mean for these purposes.
The article examines legal notions of “competence” which have been adopted in Australia It also considers the importance of neuropsychological assessments as evidence supporting findings of “competence” or “incompetence” at law. The potential uses and limitations of such assessments in this context are evaluated.