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

Australas J Ageing. 2014 Sep;33(3):193-7. doi: 10.1111/ajag.12052. Epub 2013 Jun 14.

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: enduring powers of attorney; substitute decision making.

Publication types

  • Research Support, Non-U.S. Gov't

MeSH terms

  • Advance Directives / economics
  • Advance Directives / ethics*
  • Advance Directives / psychology*
  • Decision Making / ethics*
  • Financing, Personal / economics
  • Financing, Personal / ethics
  • Focus Groups
  • Forms and Records Control / economics
  • Forms and Records Control / ethics
  • Guidelines as Topic
  • Health Care Costs / ethics
  • Health Knowledge, Attitudes, Practice*
  • Humans
  • Internet
  • Interviews as Topic
  • Lawyers / psychology*
  • Lawyers / standards
  • Professional Misconduct / ethics
  • Professional Misconduct / psychology
  • Professional Role / psychology
  • Proxy / psychology*
  • Queensland
  • Social Responsibility*
  • Surveys and Questionnaires
  • Third-Party Consent
  • Trust