SMSFs, incapacity and enduring powers of attorney: The technical and the practical

National Conference 2021

Many consider and plan for death when dealing with the estate planning for an SMSF. But equally, and in some cases more importantly, planning for incapacity is essential for clients with SMSFs.

This workshop will focus on how to ensure the SMSF remain compliant in an event of incapacity, and the practical aspects of planning for incapacity.

At the end of the session, you will be able to:

  • What every SMSF member must do to plan for incapacity;
  • The process to take once a member has lost capacity;
  • Tips and traps for thinking about will/should control the SMSF on incapacity, and;
  • How to deal with issues and disputes when they arise.

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