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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

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 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 3. Failure to maintain reasonable standards of competence and diligence — 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