Enduring Powers of Attorney: Promoting Attorneys' Accountability as Substitute Decision Makers

Australasian Journal on Ageing, 33(3), pp. 193-197, 2014

Posted: 10 Jul 2016

See all articles by Cheryl Tilse

Cheryl Tilse

University of Queensland

Jill Wilson

University of Queensland

Ben White

Queensland University of Technology - Faculty of Law

Lindy Willmott

Queensland University of Technology - Faculty of Law

Anne-Louise McCawley

University of Queensland

Date Written: 2014

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.

Keywords: Health law, Medical law, Enduring powers of attorney, Adult guardianship law, Substitute decision-making

Suggested Citation

Tilse, Cheryl and Wilson, Jill and White, Ben and Willmott, Lindy and McCawley, Anne-Louise, Enduring Powers of Attorney: Promoting Attorneys' Accountability as Substitute Decision Makers (2014). Australasian Journal on Ageing, 33(3), pp. 193-197, 2014. Available at SSRN: https://ssrn.com/abstract=2806809

Cheryl Tilse

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Jill Wilson

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Lindy Willmott

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/willmott/

Anne-Louise McCawley

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

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