Having an enduring power of attorney (EPOA) is, in theory, an important part of overcoming the obstacles associated with loss of decision-making power. However, in practice, the exercise of powers of attorney can give rise to bigger issues and the powers given may be insufficient to fully manage the affairs of the appointor. This session will provide guidance on drafting enduring powers of attorney that are effective and comprehensive, and advise how to deal with unwanted consequences, including:

• Choosing the right persons(s) to be attorney - limits on eligibility and other considerations
• What should the EPOA cover? Personal and financial matters explained
• Attorney obligations at law, acting jointly and the role of the courts
• Statutory limitations and protections

• Drafting appropriate and clear special conditions - what matters might need to be included
• Duties of the person holding the EPOA - exercising powers in accordance with intentions: McFee v Reilly [2018] NSWCA 322
• Termination and revocation: the effect of the appointor’s death on the attorney - Dawson v Dawson [2019] NSWCA 826

Sam is a senior lawyer providing high quality legal advice, drafting, guidance and strategy to clients in the related areas of:

• Wills and Estate Planning

• Estate and trust litigation

• Estate and trust administration

Sam has a specialist practice within Simmons Wolfhagen in the above areas, and assists his clients to take advantage of the firm’s full service offering where they have other legal needs.

Sam’s background includes a degree in law and commerce from the University of Tasmania in 2002, followed by winning the Foley’s List Advocacy Award at the Leo Cussen Institute in Melbourne in 2003, and then several years in legal practice in Melbourne.

Sam is the co-author of the only text on Statutory Wills (Court authorised Wills) in Australia, published and on sale by Lexis Nexis: Statutory Will Applications: A Practice Guide.

This webinar is suitable for lawyers and accountants throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.