Protection of Personal and Property Rights Act 1988, ss 102, 103
The Family Court has the power to monitor an EPA attorney’s performance, and, if necessary, to change the terms of the enduring power of attorney.
The Family Court can be asked to decide any disputed issues about an EPA or about the effect of the EPA, or about how an attorney has been carrying out their role.
Among other things, the Family Court can be asked to:
decide whether you’ve become mentally incapable
decide whether an EPA is legally valid and what its specific effect is
review any decision that your attorney has made
direct your attorney to do certain things
cancel your attorney’s appointment – this could involve deciding whether you unfairly induced or pressured to sign the EPA, or whether your attorney is a suitable person to be your attorney.