Enduring powers of attorney: promoting attorneys' accountability as substitute decision makers

Tilse, Cheryl, Wilson, Jill, White, Ben, Willmott, Lindy and McCawley, Anne-Louise (2013) Enduring powers of attorney: promoting attorneys' accountability as substitute decision makers. Australasian Journal on Ageing, 33 3: 193-197. doi:10.1111/ajag.12052

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Author Tilse, Cheryl
Wilson, Jill
White, Ben
Willmott, Lindy
McCawley, Anne-Louise
Title Enduring powers of attorney: promoting attorneys' accountability as substitute decision makers
Journal name Australasian Journal on Ageing   Check publisher's open access policy
ISSN 1440-6381
Publication date 2013-06-13
Year available 2013
Sub-type Article (original research)
DOI 10.1111/ajag.12052
Open Access Status File (Author Post-print)
Volume 33
Issue 3
Start page 193
End page 197
Total pages 5
Place of publication Richmond, VIC, Australia
Publisher Wiley-Blackwell
Collection year 2014
Language eng
Formatted 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.

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.

Keyword Enduring powers of attorney
Substitue decision making
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes Published online ahead of print 13 June 2013.

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
School of Nursing, Midwifery and Social Work Publications
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Citation counts: TR Web of Science Citation Count  Cited 1 times in Thomson Reuters Web of Science Article | Citations
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Created: Mon, 17 Feb 2014, 13:47:52 EST by Associate Professor Cheryl Tilse on behalf of School of Social Work and Human Services