Financial advisers face rising ethical and legal challenges as clients’ capacity declines. This session covers wealth transfer, capacity checks, and practical steps to guide clients.
Financial advisers are confronted with clients whose capacity is declining, which raises both legal and ethical issues. As Australia’s population lives longer, more advisers will be exposed to clients with declining capacity. Advisers will also be on the front line of the “great wealth transfer” in the next few decades – planning for and managing deteriorating client capacity will be a critical element of inheritance and wealth transfer planning.
In this session, Richard Hopkin, Senior Associate at Cowell Clarke Commercial Lawyers, will navigate the ethics of providing services to clients who might no longer have capacity, including practical tips about establishing whether a client has capacity and what to do when a client’s instructions become contrary to their best interests.
Australia's Leading Professional Association for the Financial Advice Profession
The Financial Advice Association of Australia (FAAA) is the leading body representing financial planning and financial advice professionals in the Southern Hemisphere. We deliver high-quality learning experiences designed to drive real-world-results for professionals. With thousands of professionals benefiting from our Continuing Professional Development (CPD, PD, CPE, CE) webinars, we’ve helped lawyers, accountants, financial planners, financial advisers, solicitors, fund managers, financial coaches, government officials, insurance and mortgage brokers and many more professionals enhance their skills, stay informed, remain compliant and advance in their careers. We bridge the gap between theory and practice, offering content curated by industry experts to equip you with practical knowledge in high-demand areas. Investing in the FAAA’s professional development content means choosing quality, convenience and credibility. We delve into current issues often with live case studies presented by professionals who walk the talk. Our webinars are not only informative but also practical, providing you with actionable insights that you can apply in your daily practice. Our speakers are from various backgrounds, including law, accounting, finance and more. We specialise in practical training in areas such as Ethics, Regulatory & Compliance, Expat- Tax, Client Care and Technical Competence. Whether you are a professional, recent graduate, manager or lifelong learner, you’ll find practical courses to advance your career with confidence.
Senior Associate | Cowell Clarke’s Financial Services
Richard Hopkin is a Senior Associate in Cowell Clarke’s Financial Services team. Richard practices predominantly in the area of financial services regulation and compliance across the financial services industry, covering Australian Financial Services (AFS) licensing and compliance, including: AFSL applications and variations, ASIC reporting and enforcement, remediation programs and IDR/AFCA matters. Richard is a key part of Cowell Clarke’s online AFSL compliance portal services. Richard also works on related commercial and corporate projects, including commercial contracts and M&A.
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