Powers of Attorney: How They Work and When To Use (NSW)
- 2 hrs
- 2 CPD Points
- 04/03/2027 - 04/03/2027
- Interactive
- From $239.00
- WBR0309_WEP_N_2
Powers of Attorney: How They Work and When To Use (NSW)
Date & time: 4 March 2027, 2.00pm to 4.15pm AEDT
As Australia's population ages, powers of attorney are becoming increasingly important tools for protecting clients' interests and ensuring their affairs can be managed when they are unable to do so themselves.
Through practical guidance, you will examine mental capacity considerations, strategies for preventing abuse, risk management issues that can arise in practice, and the circumstances in which powers of attorney may be reviewed by the Guardianship Division of NCAT.
Facilitated by:
- Katelin Whitley, Principal, Bestic Law and Accredited Specialist in Wills and Estates and Accredited Specialist in Property Law
Attendee feedback from past intake:
- “It was really well prepared, conducted and managed by the presenter.”
- “This webinar was run professionally. Katelin was a fantastic presenter who was easy to listen to and follow. I would be happy to attend another of Katelin’s seminars in the future.”
- “Very informative. Presenter was knowledgeable and easy to listen to. Chat box with comments and questions also a really good idea.”
- “Katelin presented well, efficient in the allocated time and relevant and interesting content.”
- “This is the second webinar I have done with Katelin Whitley. I also did the will drafting one. She is a great presenter in my view and obviously very experienced. I am very appreciative as I am am about to go into my own practice. Materials were great and I will look out for her future webinars.”
- “Katelin was so professional and helpful, I got a lot out of this.”
At the end of this live webinar, you will earn 2 CPD points.
Course Outline
2.00pm: Login and welcome
Speaker: Katelin Whitley, Principal, Bestic Law and Accredited Specialist in Wills and Estates
2.05pm: 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
2.35pm: Mental capacity issues concerning the preparation of powers of attorney
- How to screen and assess mental capacity – the legal test
- Preventing abuse of powers of attorney
- Best practice
3.10pm: Morning break
3.20pm: 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
3.50pm: Reviews by Guardianship Division of the NSW Civil and Administrative Tribunal
- Ground for review of powers of attorney
- Tribunal orders that may be made
4.15pm: Close
Katelin Whitley
Principal, Bestic Law, Accredited Specialist, Wills & Estates and Accredited Specialist in Property Law
Katelin Whitley is the principal of Bestic Law located in Sydney and the Hunter Valley and practices primarily in succession and trust matters. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011.
She 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. Katelin has represented estates, applicants, and beneficiaries.
She works on both simple and high level estate planning and acts on estate administrations including for large and complex estates.
Katelin has been lecturing in the College of Law Wills & Estates Masters of Law Program since 2017. She has completed Masters of Law at the University of Sydney and Masters of Forensic Mental Health in the UNSW School of Psychiatry. She has also been a member of the Law Society of the NSW Elder Law and Succession Committee since 2012. She is a Notary Public and Accredited Specialist in Property Law since 2021.
"Join us in mastering in the art of preparing and advising on enduring powers of attorney because who doesn’t love explaining legal jargon while trying to make their clients feel like they’re not signing away their soul?"
This live webinar is ideal for junior lawyers, graduates, paralegals, and legal support professionals seeking a solid foundation in estate planning and wills practice. It’s also valuable for practitioners transitioning into estate or succession planning, or those looking to refresh their knowledge on testamentary trusts, superannuation, incapacity issues, and will challenges—helping them provide clear, confident, and practical advice to clients.
This webinar is produced in NSW and features a NSW-based educator.
The time listed for this course is Australian Eastern Daylight Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia.
The course complies with the mandatory requirement of Professional Skills and Substantive Law.
If you intend to claim CPD units for this educational activity, please note that CPD activities are not accredited by the Law Society of NSW or any other equivalent local authority, with the exception of Western Australia. If you hold a practising certificate in a state or territory other than Western Australia and this educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March. Some practitioners, such as accredited specialists are required to complete more than ten (10) units each CPD year.
Practitioners holding WA practising certificates are not eligible to earn CPD points for this course.
Please be aware that video/audio recording may occur at professional development events organised by the College of Law for use on our website, marketing materials and publications. By attending and participating in a College of Law Continuing Professional Development course, you consent to the College of Law photographing or recording and using your image and likeness and/or voice.
“This is the second webinar I have done with Katelin Whitley. I also did the will drafting one. She is a great presenter in my view and obviously very experienced. I am very appreciative as I am about to go into my own practice. Materials were great and I will look out for her future webinars.”
Past Attendee
“This webinar was run professionally. Katelin was a fantastic presenter who was easy to listen to and follow. I would be happy to attend another of Katelin’s seminars in the future.”
Past Attendee
“Very informative. Presenter was knowledgeable and easy to listen to. Chat box with comments and questions also a really good idea.”
Past Attendee
“Katelin presented well, efficient in the allocated time and relevant and interesting content.”
Past Attendee
“Katelin was so professional and helpful, I got a lot out of this.”
Past Attendee
RELATED COURSES
Advanced Testamentary Trusts (NSW)
Estate Planning Strategies for Blended Families
Administration of estates: Step-by-step guide
Drafting Wills: Practice Guide
Powers of attorney: Step-by-step guide
Probate applications: Step-by-step guide
