Recorded Webinar: Tips and Traps in Drafting Enduring Financial Powers of Attorney to Reduce Elder Abuse Risk


25th February 2019

Duration:  approx. 2 hours

One in two people over 85 will be afflicted with some form of dementia. That means that the enduring power of attorney is not only part of the estate planner’s armoury but an essential element of the estate plan - without it, you are not doing your job.  As the problems with elder abuse multiply, the nature of the instructions you should be seeking and the protections you should be inserting are expanding.  This presentation will focus specifically on the scope of the powers, including:

  • Advising on the choices of attorney under power:

    • spouse, including spouse in a blended family

    • children - if more than one, what

    • professional advisers as attorneys under power

    • should the attorneys act jointly or jointly and severally?

  • Provisions operating if the attorney losing capacity

  • From when should the power take effect?

  • Power – general:

    • making and changing BDBNs

    • seeking orders under the Family Law Act

    • making family provision applications

    • acting as a director in place of the donor

    • acting as an appointor or guardian in the place of the donor

  • Conflict transactions:

    • the concept explained

    • sale of house/agreement re RAD

    • transactions benefiting grandchildren

    • making trust distributions

  • Powers and limitations:

    • do you need/can you authorise conflict transactions?  If so what?

    • what restrictions on powers are appropriate?

Our presenter

Margaret Arthur, Partner, CRH Law, Brisbane

Margaret is a partner at CRH Law and since joining the firm in 2007 has specialised in the area of Succession law and Guardianship & Administration matters.

In 2015 Margaret achieved accreditation in Succession law through the Queensland Law Society and is one of only 44 accredited lawyers in Queensland who hold this specialisation.

Margaret’s main areas of practice are:  Guardianship & administration matters including applications to Queensland Civil & Administrative Tribunal (QCAT); Disputes arising out of Enduring Powers of Attorney; Disputes arising out of Wills and Estates including family provision claims | issues over incapacity of the will-maker | informal Wills; Estate planning including simple and complex Wills | establishing Trusts | Enduring Powers of Attorney and superannuation issues.


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.

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:
Product Code: WBVFEB19
 Price:  $264.00 (Inclusive of GST)
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