Powers of attorney in practice

Course ID CN200326_WEP1

  • Face to Face
  • 4.5
  • Foundation

In an ageing population, power of attorney applications are increasing in frequency. Both general and enduring powers of attorney have significant advantages for your client. It allows the appointed attorney authority to handle the applicant’s business, banking, real estate, insurance, investment, pension and gift transactions.

In this interactive workshop, you will be guided through critical information in order to understand the process, complexities, associated risks and dispute resolution methods when dealing with this substitute decision making instrument.

Facilitated by:

  • Katelin Whitley, Principal, Bestic Law and Accredited Specialist in Wills and Estate
  • Jennifer McMillan, Legal Risk Manager, LawCover and Accredited Specialist in Wills and Estates

50% discount for New Lawyers

New Lawyers in their first three years of practice are eligible for a 50% discount off the full price of this program. This discount cannot be claimed in conjunction with any other discounts, including the alumni/Law Society member discount. Please quote NEWLAWYER at the checkout.

Scroll down for full course information.


Full Price $480.00

Alumni/Member Price $432.00


Start date:

17 March 2020

End date:

17 March 2020


8.45am - 1.15pm


The College of Law
Level 16, 111 Elizabeth Street
Sydney NSW 2000

About This Course


8.45am: Registration/Introduction Speakers: Katelin Whitley, Principal, Bestic Law and Accredited Specialist in Wills and Estates; and Jennifer McMillan, Legal Risk Manager, LawCover and Accredited Specialist in Wills and Estates


9.00am: Preparation of powers of attorney
  • Substitute decision making instruments available to the client
  • Scope of authority, conditions and limitations
  • Appointing an appropriate attorney(s)
  • Fiduciary duties owed by attorneys


10.00am: Mental capacity issues in relation to the preparation of powers of attorney
  • How to screen and assess mental capacity – the legal test
  • Preventing abuse of powers of attorney
  • Best practice


11.00am: Morning tea and networking opportunity


11.15am: Managing risks around powers of attorney
  • Tips and traps when an attorney undertakes transactions
  • Advising executors when there has been an active power of attorney


12.15pm: Reviews by Guardianship Division of the NSW Civil and Administrative Tribunal
  • Ground for review of powers of attorney
  • Tribunal orders that may be made


1.15pm: Close


Designed for

This seminar is ideal for solicitors in generate practice, lawyers and specialists in commercial law, elder law, wills and estates, property law, medico law and financial witnesses.


Mandatories Covered

The program covers the mandatory requirements of Professional Skills.


Presenter Biography

Katelin Whitley Principal, Bestic Law
Accredited Specialist, Wills & Estates

Katelin Whitley is a practicing lawyer advising clients in succession and trust law matters. She is based in Sydney and the Hunter Valley. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011.

Katelin has considerable experience advising and acting on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation and application of the Forfeiture Act. She has represented estates, applicants and beneficiaries. Katelin works on both simple and high level estate planning and acts on estate administrations including for large and complex estates. She also has expertise in complex applications for probate and administration of estates.

Katelin is lecturing in the College of Law 2018 Wills & Estates Masters of Law Program in its Construing and Drafting Wills course and its Estate Administration course. She has completed studies in forensic psychiatry in the Forensic Mental Health Master’s Program of the School of Psychiatry of the University of New South Wales.

She has also been a member of the Law Society of New South Wales Elder Law and Succession Committee since 2012.


Jennifer McMillan Legal Risk Manager, Lawcover
Accredited Specialist in wills & estates law

Jen McMillan was admitted to practice in New South Wales in 1989 and in Western Australia in 1992. She is a Law Society of NSW accredited specialist in wills and estates and has extensive experience in this area in private practice and with a trustee company. Jen was previously the Practice Leader – Wills and Estates in the College of Law’s LLM (Applied Law) program. She is a member of the NSW Law Society Elder Law and Succession Committee and a member of the Society of Trust and Estate Practitioners. Jen is the legal risk manager with Lawcover.


Filming and Photography

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