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 Live Webinar: Incapacity Issues in Estate Planning

NOTE: The date and time of the webinar has been updated:
Wednesday 25th January 2023
Vic, NSW, ACT, Tas: 11am to 12pm
Qld: 10am to 11am
SA:  10.30am to 11.30am
NT:  9.30am to 10.30am
WA: 8am to 9am

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
Live Webinars,Estate planning,Live Webinar: Incapacity Issues in Estate Planning

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.


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.


Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. 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.

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: lisa@tved.net.au

© Television Education Network Pty Ltd 2022

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.

At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: LB1JAN23
 Price:   $269.50 (Inclusive of GST)
© 2022 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.