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.

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Abstract

Aim

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.

Method

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.

Results

Across all methods and user groups, understanding the role and obligations of the attorney in an EPA was consistently identified as problematic.

Conclusions

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.

Impact and interest:

1 citations in Scopus
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1 citations in Web of Science®

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ID Code: 61020
Item Type: Journal Article
Refereed: Yes
Keywords: Health law, Medical law, Enduring powers of attorney, Adult guardianship law, Substitute decision-making
DOI: 10.1111/ajag.12052
ISSN: 1440-6381
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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