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Courses/Finance/Financial Planning

The Role of the Adviser if a Client Loses Capacity

Master crucial ethical judgments when clients lose capacity. Navigate power disparities and uphold professional standards with tailored, client-focused advice.

Created byFinancial Advice Association Australia (FAAA)
BeginnerUpdated Sep 22, 2025
The Role of the Adviser if a Client Loses Capacity

What You'll Learn

check_circleIdentify the role of the adviser when clients lose capacity.
check_circleDistinguish between unconscionable conduct and undue influence.
check_circleRecognize signs and types of elder abuse.
check_circleUnderstand legal principles around capacity assessment.
check_circleApply strategies to avoid conflicts of interest.
check_circleUtilize effective communication and documentation for client protection.

About This Course

This session provides participants with background on elder abuse and up-to-date case law surrounding both the broader landscape of elder abuse and the specific role of the adviser within it. As one in six older Australians will experience some form of elder abuse, this course is critical for advisers seeking to understand the risks faced by clients and the professionals who serve them.

Using an engaging, case-study-driven approach, the course illustrates the complexities advisers may encounter in practice, offering essential insights into navigating high-stakes scenarios while upholding professional standards and acting in the best interests of clients.

Learning Objectives

By the end of this course, participants will be able to:

  1. Describe the legislative and common law framework governing elder abuse in Australia and explain how it shapes adviser obligations.
  2. Identify the key risk indicators of elder abuse, including situations involving unconscionable conduct and undue influence.
  3. Distinguish between unconscionable conduct and undue influence and explain how each may affect a client's legal and financial situation.
  4. Differentiate between types of loss of capacity and apply that understanding to client scenarios encountered in practice.
  5. Assess the professional risk factors associated with continuing to act in cases of possible elder abuse and identify strategies to protect both clients and the practice.

Your Instructors

Financial Advice Association Australia (FAAA)
Financial Advice Association Australia (FAAA)

Australia's Leading Professional Association for the Financial Advice Profession

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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.

Anna Hacker
Anna Hacker

Client Director | Pitcher Partners Advisors

After a career as a lawyer, leading two of Australia’s largest national estate planning teams, Anna is currently a client director within the Family Office team at Pitcher Partners. While studying her combined Bachelor of Arts (Hons)/Law (Hons), Anna studied in Berlin with a German government scholarship to research her thesis topic investigating the language of fear in a series of letters written by Jewish refugees escaping Vienna to Melbourne in 1937. After being admitted as a legal practitioner, she initially focussed on Elder Law, later becoming an accredited specialist in the area of Wills & Estates as well as a member of the Society of Estate and Trust Practitioners. During her time as a legal practitioner, she has focussed on complex estate planning and assisting high net worth individuals to understand their estate planning objectives. Anna also became host of Australian Unity’s popular podcast “What Happens When I Die?” and served as legal consultant on seasons two and three of the ABC’s award-winning television series “Fisk”. In her spare time, Anna is Vice President of the Macleod College school council and is the past president of Probus Women’s Housing Committee, providing low-cost accommodation to elderly women in Melbourne.

Credit Information

Do these courses count toward my professional development requirements?

This portal is provided as a training and development resource for City of Markham employees. Every course is delivered by a qualified subject matter expert or learning organization, is quantifiable in hours, and is verifiable — you receive a documented certificate of completion for every course you finish, stored on LearnFormula indefinitely.

If you hold a professional designation (for example in engineering, accounting, human resources, or law), courses may be counted as professionally relevant, verifiable learning activities toward your continuing professional development. Individual practitioners are responsible for confirming that an activity meets the requirements of their professional body. For questions about the City of Markham's training and development policies, please speak with your people leader or Human Resources.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.