Published on 12 Mar 2014
| Took place at RACV Club, Melbourne
The average age of Australians is increasing and many of us have clients in their 70’s and beyond. Have you ever wondered if a client is ‘of sound mind’? Are you worried about the risks to the client and you if you act on their instructions? What key legal principles apply to determining incapacity and what obligations do you as adviser have when dealing with clients or their financial attorneys?
This event discussed:
the adviser’s duty to assess capacity
ways of assessing capacity
should you always delay acting on client directions if concerned about capacity?
what to do if you suspect undue influence by 3rd parties
what can and can’t a financial attorney do?
Clients & incapacity: The new risk for advisers
Author(s): Carolyn Sparke
This paper covers:
testamentary capacity – a solicitor's obligations when making a will or power of attorney
wills - what are a solicitor's obligations to test capacity
powers of attorney - what are a solicitor's obligations to test capacity