List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.
ELEMENT | PERFORMANCE CRITERIA |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Advise client on legal requirements of establishing the appointment | 1.1 Identify client's circumstances and objectives relevant to the appointment of a power of attorney 1.2 Explain to the client the types of powers the attorney holds 1.3 Present and clarify for the client the legislative requirements in regards to the attorney appointment and other information on products and services relevant to the client's circumstances and their estate, including fees and charges 1.4 Ensure client's questions in regards to the preparation of the appointment are answered in appropriate language |
2. Take instructions on behalf of client in relation to appointment | 2.1 Assess and confirm testamentary capacity of client in accordance with legislative and organisational requirements and obtain legal or medical opinion if required 2.2 Record instructions of client and establish details of appointment 2.3 Provide client with accurate ethical advice, recommendations and options relating to power of attorney that comply with legislative requirements |
3. Prepare, confirm and execute appointment | 3.1 Prepare a draft power of attorney in accordance with legislative requirements and consistent with client’s instructions 3.2 Discuss and verify power of attorney with client and arrange and confirm execution in accordance with legislative and organisational requirements 3.3 Organise and advise client of record-keeping, safe storage and review of power of attorney according to organisational requirements |
Evidence of the ability to:
advise client on suitable options relating to power of attorney appointments based on the client's circumstances and objectives
identify the need, and conduct the process, to prove a client's testamentary capacity
draft, execute and store a power of attorney document according to legislative requirements, organisational requirements and client's testamentary instructions.
Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.
To complete the unit requirements safely and effectively, the individual must:
describe the key legislative requirements of federal, state and territory legislation and regulations relating to powers of attorney
explain the tests applied to establish a client’s testamentary capacity to make a valid appointment
explain the tests applied to establish the validity of an appointment
discuss the types of power of attorney appointments including:
general
enduring
limited
describe organisational policies and procedures required when establishing a power of attorney
explain products and services offered by personal trustee organisations and fees and charges that apply
outline the role, responsibilities and powers of the personal trust officer including:
organisational expectations
limitation of personal authority in not giving investment advice
identify the role of, and how and when to contact, internal or external specialists relating to the personal trustee sector
outline the professional code of conduct, where applicable, in the personal trustee sector
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the personal trustee field of work and include access to:
common office equipment, technology, software and consumables
appropriate legislation and regulations relevant to powers of attorney
organisational reference materials such as policies, procedures, manuals and checklists.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.