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

Date:  Tuesday 26th April 2022
Duration:  approx. 1 hour  

 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
 PRESENTER
Recorded Webinars,Estate planning,Recorded Webinar:  Power Without Glory - Conflicts of Interest and Risk in Powers of Attorney

Edward Skilton,  Principal Lawyer, Sladen Legal, Melbourne

Edward is a Principal Lawyer in the business law team at Sladen Legal in Melbourne, with a particular focus on equity, trusts and succession. 

The focus of his dispute practice is on protecting at risk beneficiaries and others negatively affected by the decisions of the incumbent controllers of estates and trusts.  He represents plaintiffs and defendants in the County Court and Supreme Court in matters relating to trust advice, replacement of executors/trustees, validity of documents and transactions (including SMSF and trust distributions) and claims for further provision.  

On the planning side, Edward prepares complex estate plans and is particularly interested in assisting the owners of private business groups transfer the business to the next generation, as distinct from a sale to third parties.   

Where there are concerns about a person’s ability to make decisions about their own finances (including business and investment assets) and care, Edward advises and represents clients in relation to administration and guardianship applications in the Victorian Civil and Administrative Tribunal including applications for advice regarding proposed transactions, conflict transactions and compensation.   

Edward is recommended in Doyles Guide for Wills, Estates and Succession Planning Lawyers, Victoria.

 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 

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: lisa@tved.net.au



© Television Education Network Pty Ltd 2022

Product Code: WBEAPR22
 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.