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 attorney
Work 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.
Elements and Performance Criteria
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 Performance
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.
Evidence of Knowledge
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 Conditions
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.
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.1 | Critically analyses documentation from a variety of sources and records and consolidates information to determine requirements |
Writing | 1.3, 2.2, 2.3, 3.1 | Accurately records information and prepares correspondence and documentation using clear language and organisational formats and protocols |
Oral Communication | 1.1-1.4, 2.1, 2.3, 3.2, 3.3 | Articulates clearly using vocabulary suitable to the audience to convey or request information Uses listening and questioning techniques to confirm understanding |
Navigate the world of work | 2.1, 2.3, 3.1-3.3 | Takes personal responsibility for following explicit and implicit policies, procedures and legislative requirements Identifies and acts on issues that contravene relevant policies, procedures and legal requirements |
Interact with others | 1.1-1.4, 2.1, 2.3, 3.2, 3.3 | Uses a range of strategies to establish a sense of connection and build rapport with clients and co-workers Identifies and explores differences in a diverse range of people in the work context and makes adjustments to communication in recognition of these differences Recognises behaviours and triggers that contribute to conflict and implements strategies to moderate conflict |
Get the work done | 1.1, 2.1, 2.2, 3.1-3.3 | Takes responsibility for planning, sequencing and prioritising tasks and own workload for efficiency and effective outcomes Makes routine decisions and implements standard procedures for routine tasks using formal decision-making processes for more complex and non-routine situations Uses digital systems and technologies to enter, store or access information |
Sectors
Personal trustee