Recorded Webinar: Managing the Estate Plan When the Appointor Loses Capacity

What sort of provisions should be in your trust deed and estate planning documentation to deal with loss of capacity? This session looks at the challenges when passing control from one generation to the next, how to do it effectively and avoid family disputes. This session covers:

• Should the trust deed directly deal with loss of capacity?
• How should loss of capacity be defined for these purposes?
• Who should take over?
  • an attorney under enduring power?
  • a successor family member?
• Sidestepping the problem - using a corporate appointor:
  • plusses and minuses of corporate appointors
  • dealing with director of the corporate appointor who loses capacity
  • it’s all about control - shareholders and voting the shares
  • shareholder losing capacity - who exercises voting power?
• Structuring the loss of appointor capacity rules in the deed/constitution to minimize the risk of family fights - what approach is best:
  • protecting the non-business parent from their children
  • protecting siblings from each other
  • balancing the interests of the second spouse and the children of the first marriage