Validity of an enduring power of attorney (EPOA)

7th ACT Wills and Estates Conference

“The ACT Law Society Wills & Estates Conference was amazing! Insightful, very interesting and relevant!”

On 18 September 2020 the ACT Law Society hosted the very first hybrid version of our annual ACT Wills & Estates Conference. To accommodate guests and speakers within Covid-19 restrictions, we included both face to face and hybrid tickets to this very popular, sell-out conference.

Individual sessions of the conference are now available for purchase.

ACAT proceedings regarding the validity of an enduring power of attorney (EPOA)

An EPOA enables a person (the principal) to entrust another (an attorney) to make decisions on their behalf regarding their health, welfare, property and/or finances.
It is a powerful legal instrument. For this reason, the Powers of Attorney Act 2006 requires two witnesses to certify that the principal, in summary, had capacity to make it. Often, one or both of the witnesses is a legal practitioner.

Sometimes, another person will claim that the decisions of the attorney are not, or might not be, in the interests of the principal or that the attorney was not validly appointed. Litigation often follows.

Invariably, the question arises: did the principal have capacity to make the EPOA? This seminar will explore that issue, and what a legal practitioner (or any witness) needs to considerw hen signing a certificate that the principal signed the EPOA ‘voluntarily’ and ‘appeared to understand the nature and effect’ of making it.

Details

  • This is an online recording. You will be sent the recording once registered. 
  • Members will earn 1 CPD point in core area 3 (professional skills)
  • Online tickets: $88 inc GST 

Fees are payable upon registration. 30 days payment invoices are available to members at the discretion of the Law Society. A 1.3% surcharge may be incurred on online payments. The Society reserves the right to cancel or alter events at its discretion, and in such circumstances, attendees will be notified via email.

Cancellation policy: All cancellations must be made in writing, and all cancellations will incur a fee, however, no charge will be incurred for substituting another person. Outside of the cancellation periods given below, a $10 administration fee will be incurred for any cancellation made. If a registered attendee fails to attend without notifying the Society in writing, no credit or refund will be offered and 100% of the total cost will be retained by the Society. CPD Events — In the case of CPD events held at an venue other than the Law Society, no refund can be made after the RSVP date of the event. In the case of CPD events held at the Law Society, for cancellations made within two working days of the event, 50% of the total cost will be retained by the Society as a cancellation fee and the balance may be used as a credit towards other CPD events or be refunded. If you choose to keep a credit it will remain valid for 12 months from the event date, after which time it will expire. Webinars — In the case of live or on-demand webinars, as connection details are sent when registration is completed, no refund or cancellation is available. Social events — In the case of social events, no refund can be made after the RSVP date of the event.

Definitions: 'Registration' means any booking given to the Society in writing, on our website, or by phone. 'Member' means any member of the ACT Law Society, including associate members and honorary members. 'Young Lawyer' means any member who has held a practising certificate for five years or less. 'CLC' means any member working for a recognised community legal centre, or holding a volunteer practising certificate. 'Student' means a full time student studying law at a recognised Australian tertiary institution.

The Law Society is enforcing social distancing and spacing measures as set out by ACT Health at all our face-to-face events. 

If you are sick, have recently visited a COVID hot-spot, or are in close contact with someone in either situation, please stay at home.

Many of our upcoming CPD sessions will now be available either online or in-person and some have the offer of live streaming. Each CPD event advertised on our website will provide details about the online options available in that session. 

If sessions offer recordings, when you register, please let us know if you'd prefer to watch the CPD online (either live, or at a later date). If you choose the live-stream option you can still interact, ask questions, and be a meaningful participant at the seminar.

For more information about online CPD, please contact Carissa on carissa.webster@actlawsociety.asn.au.

 

 

Webinar ticket $88.00 (GST incl.) Register

Schedule

Speakers

Geoffrey McCarthy, Presidential Member, ACT Civil and Administrative Tribunal

Geoffrey McCarthy is a Presidential Member of the ACT Civil and Administrative Tribunal. He works primarily in the areas of mental health, guardianship, administrative review and occupational discipline.

Prior to his appointment in 2016, Mr McCarthy practised for 13 years as a member of the ACT and NSW Bars. He practised primarily in administrative law, employment law and inquiries including coronial inquiries and commissions of inquiry.

Mr McCarthy was previously a solicitor with the Australian Government Solicitor, research officer to Sir Harry Gibbs in his capacity as Chairman of the Review Committee for the Review of Commonwealth Criminal law, Branch Head of the Aboriginal Land Claims Practice Group within the NT Department of Law, Senior Solicitor with the Royal Commission into the Building and Construction Industry and Associate to Sir William Kearney of the NT Supreme Court.

Mr McCarthy holds a Bachelor of Commerce and Bachelor of Laws (UNSW) and a Master of Laws (Public law) (ANU).

 

 

Sponsors & Supporters

The Law Society is proud to recognise legalsuper as the sponsor of the Law Society CPD Program.

legalsuper is the industry super fund for Australia’s legal community. With personal service for every member, we can help you to maximise your super, consolidate accounts, adjust insurance or investments, plan for retirement and more. Contact Long Nguyen on 0477 401 151 or lnguyen@legalsuper.com.au to book your free appointment today — meetings can be conducted by phone or on Zoom.

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