Ensuring Continuity: Managing SMSFs Amid Capacity Challenges

National Conference 2025

Anna Hacker, Client Director at Pitcher Partners and Accredited Specialist in Wills & Estates (LIV), with a particularly interest in elder law and abuse, reviews what happens when our clients lose capacity and the impact that has on how we assist them.  Unfortunately aging a part of life and having a process in place to support your clients through this time is critical.  Anna goes through the historical framework of dealing with incapacity, the legal environment we find ourselves in and most importantly, how to navigate that environment having regard to self managed superannuation funds (SMSFs).  

As practitioners on the front line of potential financial elder abuse, this session delves into what elder abuse looks like, how to look out for it and how to minimise the potential impact on your clients.  Equally as important is the need for practitioners themselves to safeguard themselves against the risks of missing elder abuse and incapacity and this session will provide best practice tips on how to do this. Drawing on the common law, legislation and case studies, this session delivers a real world look into incapacity and SMSFs that is vital for practitioners in the field.

By watching this session, you will be able to:

  • Gain an in depth understanding of the historical and current legal framework for addressing client incapacity, with a focus on its impact on SMSFs.
  • Learn to identify signs of financial elder abuse and apply best practices to mitigate elder abuse and protect clients effectively.
  • Discover essential strategies to safeguard yourself and your practice from the risks of overlooking elder abuse or incapacity in client management.
 

The contents of this resource are taken to be correct at the time of publication.

Disclaimer: Technical Papers contain factual information only and are prepared without considering particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. The information contained in this document does not constitute advice given by the SMSF Association to you. If you rely on this information yourself or to provide advice to other persons, then you do so at your own risk. The SMSF Association is not licensed to provide financial product advice, legal advice or taxation advice. We recommend that you seek appropriate professional advice before relying upon the information in this technical paper. While the SMSF Association believes that the information provided is accurate, no warranty is given as to its accuracy and persons who rely on this information do so at their own risk. The information provided in this paper is not considered financial advice for the purposes of the Corporations Act 2001. © SMSF Association