Question 1

Who can act as a Legal Personal Representative (LPR)?

Accepted Answer

The LPR is typically the holder of the Enduring Power of Attorney (EPOA) for the member, as specified under clause 17A of the Superannuation Industry (Supervision) Act (SISA), authorised to act on behalf of the incapacitated member in managing their superannuation fund interests.

Question 2

What should be done if there is a corporate trustee and a member becomes incapacitated?

Accepted Answer

When a member who serves as a director of the corporate trustee becomes incapacitated, it is essential to cancel their directorship with the Australian Securities and Investments Commission (ASIC) at the earliest opportunity. This step must be completed before using the notification to formalize the change in trusteeship, ensuring the corporate trustee remains compliant with legal requirements.

Question 3

How is mental incapacity determined for the purposes of changing trustees?

Accepted Answer

Mental incapacity must be medically certified by a qualified healthcare professional, ensuring that there's a valid and recognised basis for the activation of the change of trustee process.

Question 4

How long does this document take to assemble?

Accepted Answer

Depending on the complexity of the data, this document should take approximately 30-50 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts

Question 5

Can I get a sample of this document?

Accepted Answer

Yes, please email support@lightyeardocs.com.au to request a sample document for you to review.

Question 6

Is this document a legal document?

Accepted Answer

All master documents have been signed off by LY Legal. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by the LY Legal.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Question 7

Is the document easy to read?

Accepted Answer

All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.

Question 8

What lawyers sign off on LYD documents?

Accepted Answer

All LYD documents are prepared and signed off by LY Legal.

Question 9

Are the LYD documents reviewed regularly?

Accepted Answer

All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.

Notification to Trustee of Mental Incapacity of Member