A detailed overview in relation to powers of attorney and the possible ethical dilemmas and conflicts of interest that practitioners need to be aware of.
Advising clients in relation to powers of attorney is an essential part of any wills and estate practice. However, when a client appoints an attorney or when a solicitor advises an attorney on behalf of a client, it is important to recognise, manage and if possible, avoid the many ethical dilemmas and conflicts of interest that may arise.
Failure to address these issues may lead to negligence claims and the possibility of professional misconduct.
This session will cover:
• The scope of agent’s authority and limitations
• Identifying conflict situations in powers of attorney
• How to sanction conflict transactions - what are the options
• Conflicts which arise before the power takes effect
• Inter vivos gifts and powers of attorney - where does it cross the line?
• Power of attorney and ademption issues
• Liability of attorney in conflict situations
• Charging clauses - ethics and conflict issues where solicitor is power of attorney
• Case Law update
Webinar Learning Outcomes:
Attendees of this webinar will learn about the agency principles behind powers of attorney and how to identify a conflict or ethical dilemma both between a client and an attorney and a solicitor and a client.
Lawyers who practice in wills and estates or are new to the area, Accountants and Financial planners.
Adeline Schiralli, Consulting Principal, Keypoint Law – Acc. Spec. (Wills & Estates). Adeline is an accomplished estate planning and elder law solicitor with extensive experience developing comprehensive and practical estate plans that suit the individual circumstances of her clients. Prior to joining Keypoint Law as a Consulting Principal, Adeline was a Senior Associate in the Wills and Estates team of a large prominent suburban firm. Adeline holds a Masters of Law (Applied Law) in which she majored in Wills and Estates and is a member of the NSW Law Society’s Elder Law, Capacity & Succession Committee. Adeline was also listed in the Doyles Guide 2017 as a “Rising Star” in the category of Wills, Estates and Succession Planning and is a Law Society Accredited Specialist in Wills and Estates.
Your webinar purchase includes:
• PowerPoint presentation
• Supporting documentation
• Webinar Recording to view multiple times for up to 6 months
• An opportunity to ask questions to the presenter