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Recorded Webinars
Recorded Webinar: Misbehaving Agents under Powers of Attorney – Legal and Equitable Remedies for Elder Financial Abuse
A number of recent cases have highlighted how the law is currently dealing with attorneys who misbehave or commit elder financial abuse. The law’s response raises issues about being forewarned and forearmed to deal with this risk. This session looks at how the law is dealing with
PRESENTED BY
Darryl Browne
Browne Linkenbagh Legal Services
Date/Time
About the Webinar
A number of recent cases have highlighted how the law is currently dealing with attorneys who misbehave or commit elder financial abuse. The law’s response raises issues about being forewarned and forearmed to deal with this risk. This session looks at how the law is dealing with this important area, including:
- Right of standing in taking action against agent
- Fiduciary obligation and the constraints on the exercise of power by the agent
- Key remedies:
- termination of power of attorney
- restitution
- order for accounting and review
- damages
- breach of fiduciary duty
- criminal liability
- Using equitable remedies against the agent
- The action of knowing receipt against the agent and third parties
- Accessorial liability of third parties to return property to principal
- The risk of poor drafting of power of attorney - Liability of solicitor
- Problems of proof - forensic investigation and tracing
- Case updates:
- Reilly v Reilly [2017] NSWSC 1419
- Hartley v Woods [2017] NSWSC 1420
Presented By
Darryl Browne
Browne Linkenbagh Legal ServicesWho Should Attend?
This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.
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]