The Increasing Complexity of Substitute Decision Making

The decision of Legal Services Commissioner v Ford [2008] LPT 12 and the increasing complexity of the area of law of substitute decision making led to the first instalment to The Wills & Estates Practice Guide – The Enduring Power of Attorney Practice Guide & Precedents.

The Enduring Power of Attorney Practice Guide & Precedents was released on 23 July 2010 and is a collaborative work by Mr Glenn Dickson and Ms Susan McLeod – both Barristers at the Queensland Bar and Ms Judy Hayward, a solicitor practising in Queensland and New South Wales.

Both Glenn Dickson and Susan McLeod were Queensland Law Society Accredited Succession Law Specialists prior to their move from practising as solicitors to their admission to the Queensland Bar. Judy Hayward is a current Queensland Law Society Accredited Succession Law Specialist.

Practitioners advising in this area of law are facing increased professional risks with issues of client capacity. The authors identified the need for appropriate practical resources to be readily available to practitioners.

The Practice Guide includes sample file workflow sheets, a capacity assessment questionnaire and suggested clauses for inclusion in the drafting of powers of attorney to extend or limit an attorney’s powers.

The next instalment to The Wills & Estates Practice Guide will be a The Family Provision Application Practice Guide and Precedents and The Common and Solemn Form Grants of Representation Practice Guide and Precedents.

Judy Hayward is also one of the author’ s of the Enduring Power of Attorney Practice Guide & Precedents. To find out more on this publication, click here.

By Judy Hayward