Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

FNSPRT405 Mapping and Delivery Guide
Establish powers of attorney or financial administration orders

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency FNSPRT405 - Establish powers of attorney or financial administration orders
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills and knowledge required to operate in accordance with relevant organisational and legal requirements when advising a client on establishing and executing the appointment of a power of attorney.It applies to individuals who are proficient administrators in the personal trustee sector and record client instructions for the appointment of a power of attorneyWork functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

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.
Prerequisites/co-requisites
Competency Field
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: 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
       
Element: 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
       
Element: 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
       
Element: 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
       


Evidence Required

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

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
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 
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 
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 
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 

Forms

Assessment Cover Sheet

FNSPRT405 - Establish powers of attorney or financial administration orders
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

FNSPRT405 - Establish powers of attorney or financial administration orders

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: