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Recorded Webinars

Recorded Webinar: Incapacity Issues in Estate Planning

We all aspire to living longer, although the absence of good mental and physical health can significantly impair the enjoyment of life. While the means for managing decision-making into the future is available, a combination of failing health and family interference can complicat
PRESENTED BY Ines Kallweit Principal - KHQ Lawyers , Melbourne

Date/Time

About the Webinar

We all aspire to living longer, although the absence of good mental and physical health can significantly impair the enjoyment of life. While the means for managing decision-making into the future is available, a combination of failing health and family interference can complicate this process. This session will examine some of the key legal issues concerning incapacity, including:

  • What is capacity/incapacity? Distinguishing the medical and legal concepts
  • Estate planning strategies for dealing with potential incapacity and health deterioration
  • Enduring and Medical Powers of Attorney:
    • optimal time for instrument preparation
    • the considerations in choosing an attorney
    • special conditions and limitations
    • when will the power kick in? What evidence of incapacity is required?
    • can an attorney be removed and by whom?
    • can decisions of the attorney be challenged?
  • Advanced care directives:
    • what are they and how do they differ from a medical power of attorney?
    • what should be in an advanced care directive?
    • can an appointed decision maker deviate from an advanced care directive?
  • Capacity and knowledge and approval in will making – what processes do practitioners need to follow? Lewis v Lewis [2021] NSWCA 168
  • What to do when you suspect your client is unable to make decisions

Presented By

Ines Kallweit
Principal, KHQ Lawyers Melbourne, VIC

Ines Kallweit leads the Wills & Estates team at KHQ Lawyers. She is an Accredited Specialist in Wills & Estates (with the Law Institute of Victoria) and a member of the Society of Trust and Estates Practitioners. Ines is also a notary public.

Ines’ practice ranges from estate planning, the preparation of Wills and Powers of Attorney to complex estate administration and estate litigation. Her broad knowledge in this area and solutions-focused approach allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates. Her estate litigation work involves both defending estates and representing individuals in resolution of disputes involving Wills, property, estate and guardianship matters.

Who Should Attend?

This webinar is suitable for lawyers throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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