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Enduring Powers of Attorney and Financial Exploitation of Older People: A Conceptual Analysis and Strategies for Prevention

Authors :
Nola M. Ries
Source :
Journal of Aging & Social Policy. 34:357-374
Publication Year :
2019
Publisher :
Informa UK Limited, 2019.

Abstract

© 2019, © 2019 Taylor & Francis. Enduring powers of attorney (POAs) are commonly used legal instruments that enable older people to plan for asset management in the event of future incapacity. The policy objective of POAs–empowering control over money and property–are frustrated when POAs are misused to financially exploit older people. This commentary integrates theory and evidence to propose a conceptual framework for POA-facilitated financial exploitation (POA-FE). Identified risk factors include inadequate knowledge about the POA role; family conflicts; attitudes of entitlement; and lack of planning and preparation for financial decision-making. POA-FE occurs on a continuum of behavior and strategies for preventing POA-FE are suggested using strengths-based approaches for older people and their attorneys.

Details

ISSN :
15450821 and 08959420
Volume :
34
Database :
OpenAIRE
Journal :
Journal of Aging & Social Policy
Accession number :
edsair.doi.dedup.....900fc541820f0f85bd229ab4d7a8f6ec