Decision record
Weller, Herbert Hugo
Allegation / charges
1. Taking instructions from an aged client who lacked capacity to: (a) become an enduring attorney for a person in an aged care facility; and (b) to commence Supreme Court proceedings for a writ of habeas corpus 2. Failure to act competently or in the best interests of his client 3. 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 4. Failure to act competently and diligently in the conduct of Supreme Court proceedings — Unsatisfactory Professional Conduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The practitioner was found to have engaged in unsatisfactory professional conduct for acting on instructions from an aged client who lacked capacity, and for failing to act competently, diligently and in the client's best interests in relation to powers of attorney, guardianship documents and Supreme Court proceedings. No dishonesty was found.
Duties found breached:
- No improper communication with the court
- No taking unfair advantage
- Protect capacity and vulnerable clients
⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]
Duties engaged
Other decisions involving this respondent
Matched by respondent name — may include a different person with the same name.
Documents
Source: https://portal.olsc.nsw.gov.au/dasearchbn/daresultdetail/?id=071ef17e-d4c7-4151-9708-e7981c3f7c8f