Powers of Attorney: Ethics and Conflicts
Overview
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
Learning Outcomes:
Attendees of this session 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.
Suited to:
Mainly for Lawyers who practice in wills and estates or are new to the area.
May also be beneficial for Accountants and Financial planners.
This On Demand includes:
- a recording of the webinar Event which can be viewed multiple times
- a PDF of the presenter’s PowerPoint
- a verbatim Transcript
- any supporting documentation
- a CPD Certificate after successful completion of the Knowledge Quiz
Course syllabus
3 lessons
- Video – Powers of Attorney: Ethics and ConflictsVideo
- FeedbackSurvey
- Knowledge QuizTest
Your presenter
Adeline Schiralli,Keypoint Law
Consulting Principal/Accredited Specialist (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. Adeline is a Consulting Principal at Keypoint Law and holds a Masters of Law (Applied Law) in which she majored in Wills and Estates. She is a member of the NSW Law Society’s Elder Law, Capacity & Succession Committee and was also listed in the Doyle’s Guide 2021 & 2021 as a “Recommended Solicitor” in the category of Wills, Estates and Succession Planning. Adeline is also a NSW Law Society Accredited Specialist in Wills and Estates. Adeline is a committee member of the NSW Law Society’s Elder Law, Capacity & Succession Committee and the current Chair of the NSW Law Society’s Wills & Estates Accredited Specialist Advisory Committee.
Adeline is adept at advising clients on matters including the implementation of wills (particularly sophisticated testamentary trust wills), powers of attorney and enduring guardianships, superannuation death benefit nominations and properly gifting the control of entities (including private companies and/or trusts) to the appropriate person(s) in the event of death and/or incapacity. Adeline can also assist clients in relation to the administration of a deceased persons’ estate and regularly advises clients in relation to retirement village contracts and aged care agreements.
Adeline is passionate about obtaining peace of mind for her clients in relation to their estate planning and elder law needs, and regularly presents seminars to other solicitors, professionals and to members of the public in the area of wills, estates and elder law. Her approach is underpinned by her commitment to achieving peace of mind for her clients in relation to their wills, estate planning and elder law needs. She has a “no-nonsense” style to advising clients in all aspects of wills, estates and elder law and her attention to detail is exemplary. Adeline takes a holistic approach to estate planning and works closely with her client’s other advisors (accountants, financial planners, business advisors etc.) to best achieve her client’s objectives.