Bryan Mitchell TEP FTI is the managing director of Mitchells Solicitors. He is an Accredited Specialist in Succession Law. Bryan & his firm are recognised in Doyle’s Guide as leaders in Estate Planning and Estate Litigation in Australia. His practice works exclusively in the areas of Wills, Estates, Trusts & Elder Law. Bryan is a regular presenter. He is the recipient of the Society of Trust & Estates (“STEP”) Australia Masters Award 2023; a past Chair of STEP Australia and STEP Queensland; Australasian representative on the world wide council for STEP; Deputy Chair for the Queensland Law Society (“QLS”) Succession Law Policy Committee; Chair of the QLS Succession Law Specialist Accreditation Advisory Committee and member of University of Queensland Law School Advisory Board.
Recorded Interactive Webinar: More Than a Signature: Drafting, Using and Managing POAs Effectively
Date/Time
About the Webinar
Powers of Attorney (POAs) are a vital tool in estate and incapacity planning - yet they remain one of the most commonly misunderstood and misapplied legal instruments. For practitioners, the professional challenge lies in drafting, advising and managing POAs in a way that minimises client risk while upholding fiduciary and ethical obligations. This session focuses on the practical skills lawyers need to get POAs right, including:
- How to identify and expressly include powers that align with client objectives - from gifts and Binding Death Benefit Nominations (BDNs) to fiduciary roles under discretionary trusts
- Drafting techniques to avoid common traps when dealing with superannuation, trust deeds, and corporate entities
- Professional judgment in advising on the scope of authority - when silence creates danger and when limitations should be built in
- Managing conflicts of interest where attorneys seek to act as Appointor, Guardian or in other fiduciary roles, and the skills to advise clients appropriately
- Case insights from Re Narumon [2018] QSC 185, McFee v Reilly [2018] NSWCA 322, Power v Power [2011] NSWSC 288, Grant v Grant (No. 2) [2020] NSWSC 1288, and Rayner [2010] NSWSC 810 - with a focus on what practitioners can learn and apply in day-to-day practice
Presented By
Bryan Mitchell
Principal, Mitchells Solicitors Brisbane, QLDWho Should Attend?
CPD Information
Lawyers can claim 1 CPD unit – Professional Skills
OPTIONAL ONLINE QUIZ
This Recorded Interactive Webinar will include an optional online quiz for completion after viewing the recording. Upon completion of the quiz with a 100% pass rate the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned.
TEN will aim to have the quiz available for completion within 1 week of the live webinar being held.
WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.
While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.
Enquiries/Assistance
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Jason Hooker on (03) 8601 7709 or email: [email protected]