Enduring powers of attorney : promoting attorneys' accountability as substitute decision makers
Tilse, Cheryl, Wilson, Jill, White, Ben, Willmott, Lindy, & McCawley, Anne Louise (2014) Enduring powers of attorney : promoting attorneys' accountability as substitute decision makers. Australasian Journal On Ageing, 33(3), pp. 193-197.
The misuse and abuse of Enduring Powers of Attorney (EPAs) by attorneys, particularly in relation to financial decision-making, is a growing concern. This paper explores the opportunities to enhance accountability of attorneys at the time of the execution of the document in Queensland.
A four stage multi-method design comprised a critical reference group; semi-structured interviews with 32 principals or potential principals, attorneys and witnesses; two focus groups with service providers and a state wide survey of 76 principals, attorneys and witnesses.
Across all methods and user groups, understanding the role and obligations of the attorney in an EPA was consistently identified as problematic.
Promoting accountability and understanding can be addressed by greater attention to the role of the attorney in the forms/ guidelines and in the structure and witnessing of the forms, increased direction about record keeping and access to appropriate advice and support.
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|Item Type:||Journal Article|
|Keywords:||Health law, Medical law, Enduring powers of attorney, Adult guardianship law, Substitute decision-making|
|Subjects:||Australian and New Zealand Standard Research Classification > MEDICAL AND HEALTH SCIENCES (110000) > PUBLIC HEALTH AND HEALTH SERVICES (111700)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > SOCIAL WORK (160700)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Human Rights Law (180114)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
|Copyright Owner:||Copyright 2013 ACOTA|
|Copyright Statement:||The definitive version is available at www3.interscience.wiley.com|
|Deposited On:||22 Jul 2013 01:37|
|Last Modified:||27 Oct 2014 23:10|
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