ELDER LAW INTENSIVE May 2016

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1 6 CPD hours INTENSIVE ELDER LAW INTENSIVE May 2016 COMMENTS FROM PAST ATTENDEES Excellent speakers and materials. I learnt more today on some aspects than from years in practice Provided an excellent practical discussion on issues which arise commonly with elder clients YOUR TRUSTED CPD PARTNER

2 ELDER LAW INTENSIVE FROM THE CHAIR 6 CPD hours As the grey tsunami of retired baby boomers rolls on, elder law is becoming an ever more important part of everyday practice. This year s Elder Law Intensive provides a timely opportunity to catch up with the latest developments. Older clients need advice about a variety of matters. Some, such as wills and trusts, are obvious. The increasing number of older clients still living in the community also means that different initiatives are being introduced. Often it is a case of back to the future: reverse mortgages and the tendency to have several generations living together in the one property. This is particularly an issue in areas where house prices have escalated rapidly. Enduring powers of attorney are another hot topic. Further changes to the legislation are proposed in a Statutes Amendment Bill. Hopefully this will give more guidance about the difficult question of what constitutes independent advice. This year s Intensive promises to provide a wide range of stimulating presentations. Most importantly of course it also provides the opportunity for you to network with other practitioners interested in Elder Law and to gain fresh perspective. Chris Kelly PROGRAMME REGISTRATION INTRODUCTION TO THE DAY: Chair Chris Kelly SESSION 1: THE CHANGING FACE OF NEW ZEALAND The quarter-acre, pavlova-paradise is fast becoming a myth to many New Zealanders. Home ownership, and the expectation of, has dropped significantly over the past decade and retirement savings are, in many cases, inadequate. What does this mean for the future? How will it affect your clients? David Boyle

3 SESSION 2: MEET THE 3 GENERATIONS The number of extended families living together in New Zealand has risen drastically since Factors are varied and include immigration, the global financial crisis, relationship breakdown and changes to household structures. Multi-generational living poses legal complexities for the lawyers advising on protection of property rights for the elderly and their families. Catherine Atchison MORNING TEA SESSION 3: ENDURING POWERS OF ATTORNEY Further changes to the PPPR Act are under consideration and the Bill has been drafted. Among other things there is another attempt to tweak the witnessing requirements. What does independence mean in this context? New EPA forms are also under consideration. This session will discuss the approach to the use of the standard forms and the advice that needs to go with them. s Lesley Grant Chris Kelly LUNCH SESSION 4: REVERSE MORTGAGES With the reduction in retirement savings and the family home being the only asset to draw on, reverse mortgages are making a come-back. This session will cover how they work and the advice you should be giving your clients. Gill Goodwin SESSION 5: PUBLIC TRUST The face and role of Public Trust and how they can work with you. A local representative from the Public Trust office AFTERNOON TEA

4 SESSION 7: PRIVACY AND CONFIDENTIALITY In this day and age, practitioners need to understand privacy for all clients, not just elderly clients. There is also the blurring of the lines between lawyers duties of privacy and confidentiality as lawyers engage with the client s children to get instructions. This session will cover the privacy principles, common issues in practice and a discussion on the professional duties of privacy and confidentiality. Kathryn Dalziel SESSION 8: TRUSTS THE AGEING TRUSTEE This presentation will focus on issues arising from the growing number of elderly trustees and how trustee succession can be managed effectively with guidance from the family s lawyer. Topics covered will include the exercise of powers of appointment, trustees who have lost capacity and how to manage the transfer of control to the next generation. Peter Eastgate SUMMARY OF THE DAY CHAIR: CHRIS KELLY LEARNING OBJECTIVES In this intensive you will be: Updated on recent developments and best practice in elder law. Able to apply this knowledge in your practice. WHO SHOULD ATTEND Property lawyers, family lawyers and general practitioners. Other professionals who work with the elderly may also find this intensive of interest.

5 CHAIR Chris Kelly, Greg Kelly Law, Wellington Chris Kelly had a lengthy career with trustee organisations holding positions such as District Public Trustee for Wellington and General Counsel at Guardian Trust before moving to private practice. He is co-author of two leading legal texts: Garrow & Kelly Law of Trusts and Trustees (now in its 7th edition) and the 6th edition of Dobbie s Probate and Administration. In addition to other publications, Chris has presented numerous papers at legal conferences and has chaired Elder Law Conferences. He completed a Master of Laws with a thesis on Trustee Accountability and is a member of the Society of Trust and Estate Practitioners (STEP). PRESENTERS Catherine Atchison, Martelli McKegg, Auckland Catherine is a partner in the Estates and Trust Administration department and has wide experience in wills, trusts and estate, as well as the increasing elder law practice arising from her private client base. She is an executive member of STEP and has presented papers for NZLS CLE and ADLS on trusts, estates and elder law issues. David Boyle, GM Investor Education, Commission for Financial Capability, Auckland A member of the Commission for Financial Capability s Leadership team, David s focus is one of helping all generations prepare for their retirement years. With a focus on the 50 plus age group, his role has been established to help New Zealanders plan and transition from working income, to investment income and how best to get there. With over 32 years of experience in the financial services industry and a passion for financial capability he brings a wealth of experience to the Commission. Kathryn Dalziel, Taylor Shaw, Christchurch Kathryn is a partner specialising in employment and privacy law as well as civil litigation and professional ethics. In her 25 year career, she has also worked as a senior Crown prosecutor as well as a lecturer in employment law, privacy and legal ethics at the University of Canterbury. Kathryn regularly presents seminars on behalf of the Office of the Privacy Commissioner, is the author of Privacy in Schools and co-authored the chapter on Health Information in Health Care and the Law (4th ed).

6 PRESENTERS Peter Eastgate, Partner, Cavell Leitch, Christchurch Peter has specialised in the areas of wills, estate and succession law, elder law, attorneyship, asset protection and all aspects of trust law (including charitable trusts) for over 35 years. He is a member of the Convenors Committee of the Trusts Special Interest Group (Canterbury) and a member of the NZLS (Canterbury-Westland branch) Trust Committee. He has presented at numerous law conferences for NZICA, LexisNexis, the NZLS CLE and Legalwise. Gill Goodwin, Anthony Harper, Auckland Gill advises on corporate and commercial law, with an emphasis on securities law and finance. She has been involved in drafting reverse equity mortgage documents for use in the retirement industry. Gill advises large and medium sized businesses and has advised extensively on board compliance issues, including in the corporate and the not-for-profit sector. Her other interest is as a panel member Human Rights Review Tribunal. That tribunal hears appeals from the Human Rights Commission, the Privacy Commissioner and the Health and Disability Commissioner. Lesley Grant, Gillespie Young Watson, Lower Hutt Lesley has broad experience having worked in law firms in London, Sydney and Wellington. She is a partner and leads her firm s ElderLaw team and has a special interest in all aspects of law affecting the elderly, including the PPPR Act.

7 REGISTER, PAY & VIEW PROGRAMME ONLINE ELDER LAW INTENSIVE REGISTRATION CHRISTCHURCH 10 May 8.55am-5.00pm Chateau on the Park WELLINGTON 11 May 8.55am-5.00pm James Cook Hotel AUCKLAND 12 May 8.55am-5.00pm Ellerslie Events Centre LIVE WEB STREAM 11 May 8.55am-5.00pm Your Computer Please note: Live Web Stream registrations close 3pm 10 May. For more information on Live Web Streaming please visit Last Name First Name Firm/Organisation Address PO Box: DX: Street Address: Suburb: Town/City: Postcode: Phone: Dietary Requirements: + Title

8 FEE (Incl GST) The course fee include all materials, morning and afternoon teas and lunch. Materials will be handed out on the day. Early Bird By 12 April 2016 or AFTER 12 Apr 2016 NZLS/Associate member $645 $695 Non-member $695 $745 Live Web Stream $625 $675 PAYMENT PAY BY ENCLOSED CHEQUE: Payable to NZLS CLE Ltd PAY BY DIRECT CREDIT: Account Name NZLS CLE Ltd Account Number (Include your surname & name of organisation as the reference) PAY BY CREDIT CARD Card Number: Expiry: Name on Card: Cardholders Signature: CANCELLATION AND REFUND POLICY. / Visa Mastercard Amex REGISTER Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel any session that does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $100 administration fee. After the closing date, there will be no refund. You may transfer your registration to another person until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. ONLINE AT: PRIVACY ACT The information requested on this registration form is for NZLS CLE Ltd and the sponsors only. I do not wish the sponsors to receive my contact details. + Card Security code: POST TO: NZLS CLE Ltd, PO Box 5041, Wellington 6145, DX SP20202 FAX TO: ENQUIRIES cle@lawyerseducation.co.nz