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Recorded Webinars
In theory an EPA can provide an important protection for those who have lost decision-making ability. However, in practice, the handing over of such power can result in decisions and actions which ultimately impact on the estate of the appointor following death. In a similar vein

Date/Time

About the Webinar

In theory an EPA can provide an important protection for those who have lost decision-making ability. However, in practice, the handing over of such power can result in decisions and actions which ultimately impact on the estate of the appointor following death. In a similar vein, even where there is no EPA, what can be done about pre-death actions taken by close family members under apparent or perceived authority? This session explores what the courts can do in relation to such actions impacting the estate, including:

  • Duty and powers of the EPA - at law and the importance of the appointing document
  • Exercising powers in accordance with intentions: McFee v Reilly [2018] NSWCA 322; Smith v Smith [2017] NSWSC 408
  • What is the effect of the appointor’s death on the attorney? Dawson v Dawson [2019] NSWCA 826
  • Recent cases on pre-death “gifts”: Olsen v Mentink [2019] NSWCA 1299; Meiners v Gunn [2020] WASC 18; Mekhail v Hana [2019] NSWCA 97
  • Who can challenge the wrongdoings and what are the available remedies?
  • Statutory
  • Common law
  • Criminal
  • Law reform and EPAs - developments
  • Drafting EPAs to prevent elder abuse risk and other strategies for protection of vulnerable clients

Presented By

Carolyn Sparke
Barrister

Who 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.

CPD Information

Lawyers can claim 1 CPD unit/point – substantive law .

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]

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