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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

1. Take instructions on behalf of client in relation to appointment
   • Assess and confirm capacity of client, and obtain legal or medical opinion if required
   • Accurately establish and record instructions of client or authority and establish essential details
   • Provide client with accurate ethical advice, recommendations and options relating to power of attorney legislative requirements
   • Attend board hearings on behalf of client where appointed as financial administrator by guardianship tribunal or equivalent
2. Prepare, confirm and execute appointment
   • Prepare drafts of documents according to legislative requirements and consistent with client’s instructions
   • Discuss and verify documentation with client and arrange and confirm execution of documentation
   • Review financial administration order to determine parameters of appointment, when relevant
3. Store documentation that records appointment
   • Organise record keeping and safe storage of relevant documentation according to organisational requirements
   • Create an attorneyship or financial administration file where appropriate, according to organisational requirements
4. 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
   • 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

Performance Evidence

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.

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Knowledge Evidence

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

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