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Weller, Herbert Hugo

JurisdictionAustralia — New South Wales
BodyOffice of the Legal Services Commissioner (NSW) (OLSC)
Professionsolicitor — Herbert Weller
Case number[2022] NSWCATOD 67
Date25-Nov-2020
HearingNSW Legal Services Commissioner
OutcomeFine Reprimand $2,000.00 Appeal Status: Dismissed Appeal Decision

Allegation / charges

<p><span style="color: rgb(0, 0, 0);">1. Preparing the following documents without obtaining a medical opinion as to whether the client lacked capacity: Revocation of a power of attorney, an enduring power of attorney and an appointment of enduring guardian</span></p><p><span style="color: rgb(0, 0, 0);">2. Failure to act competently and diligently in the preparation and execution of a revocation of a power of attorney, an enduring power of attorney and an appointment of enduring guardian by an aged client who lacked capacity</span></p><p><span style="color: rgb(0, 0, 0);">3. Failure to maintain reasonable standards of competence and diligence</span></p> — Unsatisfactory Professional Conduct

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionOther
Dishonesty foundNo

The practitioner prepared and executed a revocation of a power of attorney, an enduring power of attorney and an appointment of enduring guardian for an aged client who lacked capacity, without first obtaining a medical opinion on capacity, and failed to act competently and diligently. This conduct was found to constitute unsatisfactory professional conduct. No dishonesty was found.

Duties found breached:

⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]

Duties engaged

Other decisions involving this respondent

  • [2022] NSWCATOD 67 2020-11-25 · OLSC · Australia — New South Wales · Fine Reprimand $3,000.00 Appeal Status: Dismissed Appeal De…
  • Decision 2015-11-24 · OLSC · Australia — New South Wales · Compensation Order Reprimand $0.00 About ​ About the OLSC T…

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Documents

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Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail?id=bd3ccceb-86ac-4467-bbaf-3018d66b0ff1