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Powers of attorney are powerful documents as they allow the attorney to affect the rights and property of someone else and should be treated very carefully.

This section contains information about the errors practitioners can make when they advise on and prepare powers of attorney for clients and when they rely on them in transactions.

Useful resources:

Planning ahead - guidance and downloadable resources by the Office of the Public Advocate

Should you hand over a copy of a will to an attorney under power? Article by Donna Cooper.

LPLC Articles

Think before witnessing documents

Powers of Attorney 16 Jun 17

The Powers of Attorney Act 2014 (Vic) brought in a new requirement that the statement of acceptance signed by attorneys must be witnessed.

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Alert

Video Conferencing in the COVID-19 era

Will Making, Powers of Attorney, Solicitors Certificates, Verification of Identity, Engagement/retainer management, Professional Responsibility 11 Jun 20

In this current environment when we are all trying to minimise contact with other people to avoid the spread of COVID-19, this alert highlights some risk management issues around video conferencing, especially for witnessing wills and solicitors certificates.

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Alert

Medical Treatment Planning and Decisions Act 2016 (Vic)

Will Making, Powers of Attorney 14 Aug 18

The Medical Treatment Planning and Decisions Act 2016 (Vic) (the Act) came into force on 12 March 2018. It changes medical treatment laws, in particular the way people can manage their medical treatment decisions if they lose capacity. It replaces the use of medical powers of attorney and refusal of medical treatment certificates with appointments of medical treatment decision makers and advanced care directives.

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Checklists

Tax limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Powers of Attorney, Beneficiaries, Mortgages, Commercial 05 Jun 23

Time limits most commonly missed in relation to tax.

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Client Resources

A Guide for Beneficiaries

Will Making, Powers of Attorney, Beneficiaries, Estate Administration, Client resources, Professional Responsibility 01 Jun 23

This booklet provides a guide, in question and answer format, for beneficiaries about what it means to be a beneficiary, what is required of them and what is involved in managing and finalising an estate in Victoria. The information is general in nature and not specific legal advice. For more information beneficiaries should contact their legal practitioner.

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Client Resources

Tenants and Tenants in Common - client resource

Will Making, Powers of Attorney, Beneficiaries, Estate Administration, Client resources 27 Mar 23

A downloadable diagram to help practitioners explain the differences between joint tenants and tenants in common.

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Client Resources

A Guide for Executors

Will Making, Powers of Attorney, Beneficiaries, Estate Administration, Client resources, Professional Responsibility 01 Feb 23

This booklet provides a guide, in question and answer format, for executors about their role, their obligations and what is involved in managing and finalising an estate in Victoria.

For more information executors should contact their legal practitioner.

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Practice Risk Guides

Weather-proofing Wills and Estates

Will Making, Powers of Attorney, Beneficiaries, Estate Administration 02 Aug 20

This LPLC Practice Risk Guide highlights the key risk areas in wills and estates work for legal practitioners, and provides recommendations and resources to help avoid claims.

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Checklists

Witnessing an Enduring Power of Attorney

Powers of Attorney 24 Sep 15

This checklist provides guidance for practitioners witnessing an enduring power of attorney.

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Practice Risk Guides

Weather-proofing Wills and Estates

Will Making, Powers of Attorney, Beneficiaries, Estate Administration 02 Aug 20

This LPLC Practice Risk Guide highlights the key risk areas in wills and estates work for legal practitioners, and provides recommendations and resources to help avoid claims.

Learn more
Checklists

Tax limitations

Conveyancing, Tax, GST, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Powers of Attorney, Beneficiaries, Mortgages, Commercial 05 Jun 23

Time limits most commonly missed in relation to tax.

Learn more
Checklists

Witnessing an Enduring Power of Attorney

Powers of Attorney 24 Sep 15

This checklist provides guidance for practitioners witnessing an enduring power of attorney.

Learn more
Videos

Attention to detail in wills and estates

Powers of Attorney, Beneficiaries, Will Making, Estate Administration 28 Aug 18

Most mistakes made by wills and estates lawyers involve administering the estate. Lawyers might think that this is the easy part of the job, but unfortunately appears not to be the case and has been the second most costly claims area.

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Get risk advice in Personal & Succession law work

+61 3 9672 3800 lplc@lplc.com.au
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