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Recorded Webinars

Recorded Webinar: Power Without Glory - Conflicts of Interest and Risk in Powers of Attorney

In theory, powers of attorney provide a useful and important means for decision-making when the appointor is unable to act. However, the issues that can arise when giving a family member this power are significant, and the courts have been very active in dealing with cases of att
PRESENTED BY Edward Skilton Special Counsel, Sladen

Date/Time

About the Webinar

In theory, powers of attorney provide a useful and important means for decision-making when the appointor is unable to act. However, the issues that can arise when giving a family member this power are significant, and the courts have been very active in dealing with cases of attorney’s acting badly. This session provides practitioners with a guide to the perils and pitfalls of powers of attorney appointment and decision-making, including:

  • What limitations and conditions, if any, should be imposed on attorneys? How can conflicts of interest be avoided?
  • Are attorney’s bound to act in accordance with an appointor’s intentions? Reilly v Reilly [2017] NSWSC 1419
  • Can attorneys make gifts and change a will? Olsen v Mentink [2019] NSWCA 1299; Meiners v Gunn [2020] WASC 18; Grant v Grant (No 2) [2020] NSWSC 1288 and other cases
  • What role does an attorney have in the superannuation of the appointor member? Tips for drafting specific authority and dealing with super funds: Re Narumon [2019] 2 Qd R 247; Re SB; Ex pare AC [2020] QSC 139
  • Who has standing to challenge decisions and/or seek removal of an attorney?
  • Strategies for protection of clients and the estate from wrongful decisions of an attorney

Presented By

Edward Skilton
Special Counsel, Sladen

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 – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.

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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