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