Bryan Mitchell TEP FTI is the managing director of Mitchells Solicitors. He is an Accredited Specialist in Succession Law. Bryan & his firm are recognised in Doyle’s Guide as leaders in Estate Planning and Estate Litigation in Australia. His practice works exclusively in the areas of Wills, Estates, Trusts & Elder Law. Bryan is a regular presenter. He is the recipient of the Society of Trust & Estates (“STEP”) Australia Masters Award 2023; a past Chair of STEP Australia and STEP Queensland; Australasian representative on the world wide council for STEP; Deputy Chair for the Queensland Law Society (“QLS”) Succession Law Policy Committee; Chair of the QLS Succession Law Specialist Accreditation Advisory Committee and member of University of Queensland Law School Advisory Board.
Recorded Interactive Webinar: Powers of Attorney: The Risks, Limits and Hidden Traps
Date/Time
About the Webinar
Powers of Attorney (POAs) are a vital tool in estate and incapacity planning - yet they remain one of the most commonly misunderstood and misapplied legal instruments. Whether enabling elder abuse, causing trust disputes, or leading to invalid superannuation arrangements, poorly executed or misused POAs can create real risk for clients and their advisers. This session explores both the potential and the pitfalls of POAs, including:
- What powers can - and should - be expressly included in a POA, including gifts, Binding Death Benefit Nominations (BDNs), and roles under discretionary trusts and conflict transactions
- When specific drafting is required to authorise attorneys to act in relation to superannuation, trust deeds or corporate entities - and when silence is dangerous
- Whether a POA can act as Appointor, Guardian or in other fiduciary roles under a trust - and the limits imposed by case law and deed construction
- The extent to which rights granted under a will or trust can be exercised by an attorney - and how courts have drawn the line between valid authority and overreach
- Case insights from key decisions including Re Narumon [2018] QSC 185, McFee v Reilly [2018] NSWCA 322, Power v Power [2011] NSWSC 288, Grant v Grant (No. 2) [2020] NSWSC 1288, and Rayner [2010] NSWSC 810
Presented By
Bryan Mitchell
Principal, Mitchells Solicitors Brisbane, QLDWho Should Attend?
This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.
CPD Information
Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.
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Enquiries/Assistance
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