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Understanding the Risks: The Link Between Enduring Power of Attorney and Elder Abuse

An enduring power of attorney (EPA) can be a protective measure against elder abuse and potentially a tool that can be misused to facilitate financial exploitation. The link between an EPA and elder abuse lies in how the authority granted through an EPA can be wielded by the appointed attorney, who may have access to an older adult's finances and assets.


Understanding the EPA's Role in Preventing Elder Abuse


When properly utilised, an EPA allows an individual (the donor) to appoint a trusted person (the attorney) to make financial and legal decisions on their behalf if they become incapacitated or unable to make decisions independently. This can be a valuable tool for ensuring the donor's affairs are managed according to their wishes.


Risk Factors for Elder Abuse Through EPA


However, if the attorney appointed under the EPA acts dishonestly, negligently, or with ill intent, it could lead to elder abuse. Here are a few ways in which an enduring power of attorney can be linked to elder abuse:


Common Forms of EPA-Related Elder Abuse


  1. Exploitation by the attorney

    • The attorney may misuse their authority to siphon off funds

    • Manipulate financial transactions

    • Transfer assets for personal gain

    • Take advantage of the donor's vulnerability


  2. Coercion or undue influence

    • The attorney may exert undue influence

    • Pressure the donor to modify the EPA

    • Manipulate the donor into granting significant powers


  3. Negligence or mismanagement

    • Poor financial management

    • Neglecting the donor's needs

    • Making reckless investment decisions


Preventing Elder Abuse Through EPA Safeguards


To minimise the risk of enduring power of attorney-related elder abuse, it is essential to take these precautions:

  1. Choose a trusted attorney

  2. Appoint 2 attorneys jointly

  3. Seek legal advice

  4. Regular monitoring and communication

  5. Appoint a professional or institutional attorney

  6. Regularly review and update the EPA


Detailed Prevention Strategies


  • Trusted Attorney Selection

    • Select someone with integrity

    • Choose a person with proven responsibility

    • Ensure they understand your wishes


  • Professional Oversight

    • Consider appointing professional attorneys

    • Engage trust companies

    • Maintain regular financial reviews


By taking these precautions and remaining vigilant, the risk of elder abuse can be minimised, allowing you to benefit from the intended protection and support while safeguarding your financial well-being.


If you would like to find out more, you can call Crystal Lawyers on 04211 45637.




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