6 CPD HRS INTENSIVE Elder Law Intensive M AY 2 0 1 4 w w w. l a w y e r s e d u c a t i o n. c o. n z
FROM THE CHAIR The area of elder law practice is constantly evolving. By 2050 those over the age of 65 years are expected to be approximately 1.65 million or 25% of New Zealand s population. This will be an ethnically diverse group with many in their 80s or 90s. Typically, they will live alone or with an elderly partner, and many will have disabilities. Lawyers will increasingly need to focus their practices towards a diverse aging client base, providing advice which ranges from age and employment discrimination, to incapacity and mental incompetence issues, health and medical care, succession planning and housing options for the elderly. This intensive expands on earlier ones with updates on powers of attorney, capacity issues and trust. But we also look at the very real problem of elder abuse, privacy, elderly relationships and family dynamics and the future complexity of housing for our aging population. Catherine Atchison Auckland ABOUT THE CHAIR 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. WHO SHOULD ATTEND Property lawyers, family lawyers and general practitioners. Other professionals who work with the elderly may also find this intensive of interest. MATERIALS A booklet of papers will be given to participants when they register on the morning of the intensive.
Programme 8.30 9.00 REGISTRATION Tea and coffee will be available 9.00 9.10 INTRODUCTION TO THE DAY Chair: Catherine Atchison 9.10 10.10 SESSION 1: CAPACITY Presenters Issues concerning capacity and undue influence are a minefield for practitioners dealing with elder clients. It does not help when family members, friends and associates (well meaning or otherwise) become embroiled in the debate. This session will explore: Testamentary capacity considerations when taking will instructions from the elder client The capacity to grant powers of attorney and the activation of EPAs due to a lack of capacity The effect of undue influence on the making of a will or the grant of powers of attorney and how to avoid it The medical perspective on competency and instructing medical experts. Brian Burke and Dr Crawford Duncan (Wgtn), Dr Colin Peebles (Chch), Dr Bede McIvor (Auck) 10.10 10.40 SESSION 2: PRIVACY Presenter This session will look at your legal obligations and the practical issues regarding your elderly client s privacy. Kathryn Dalziel 10.40 11.05 MORNING TEA 11.05 12.05 SESSION 3: ENDURING POWERS OF ATTORNEY Presenters In this session the presenters will discuss: The role of the donor and the role of the attorney Drafting EPA forms to meet client needs Overseas property interests Acting under an EPA Advance directives Knowing when to use PPPR applications. Lesley Grant and Mary Joy Simpson
12.05 12.35 SESSION 4: ELDER ABUSE Presenter What is elder abuse? How can you recognise it? Risk factors Legal remedies and barriers A collective approach to elder abuse prevention. Louise Collins 12.35 1.30 LUNCH 1.30 2.30 SESSION 5: OLDER PEOPLE S FUTURE HOUSING Presenters The presenters will explore the changing demographics of New Zealand and its ageing population with a particular emphasis on older people and their housing alternatives. The presentation will pay particular attention to some of the issues associated with emerging housing options such as retirement villages, but also some of the challenges for the increasing number of older people in rental housing, body corporates and multi-units. Dr Bev James and Kay Saville-Smith 2.30 3.00 SESSION 6: AGED CARE FACILITIES RESIDENT ENTITLEMENTS AND LICENSING ROOMS Presenter What should a resident in an aged care facility expect in terms of services, facilities and rights? a review of entitlements under the Aged Residential Care Contract and the licensing of rest home rooms using the retirement village model. Michelle Burke 3.00 3.30 AFTERNOON TEA 3.30 4.00 SESSION 7: TRUSTS Presenter In this session the presenter will look at: Incapacitated trustees Limitations on EPAs Powers of appointment Removal of trustees Memorandum of wishes. Greg Kelly (Chch & Wgtn) and Chris Kelly (Auck)
4.00 5.00 SESSION 8: GOLDEN YEAR ROMANCES Presenters PRESENTERS Age is certainly not a barrier to new relationships and many a new romance will blossom in the golden years. In this session the presenters will discuss: De facto relationships looking at start dates and what constitutes a de facto relationship Separation when parties are/are not separated, including a discussion of s 15 PRA Sections 44 and 44 C PRA Section 21 agreements under PRA overview Residential care subsidies how the above affects RCSs, and asset/ estate gifting, wills, implications on a trust, new trusts, partnership of existing trusts. Vicki Ammundsen and Vivienne Crawshaw 5.00 5.10 SUMMARY OF THE DAY Chair: Catherine Atchison LEARNING OBJECTIVES You will be: Updated on recent developments and best practice in elder law. Able to apply this knowledge in your practice. VICKI AMMUNDSEN, AYRES LEGAL, AUCKLAND Vicki is a trust practitioner. She has an appreciation of the issues that confront older clients in the context of and interaction between estate planning, residential care subsidy concerns, relationship and trust related issues. BRIAN BURKE, HARMANS LAWYERS, CHRISTCHURCH Brian has an extensive practice in estate and trust litigation which includes providing advice to a dedicated elder law department within the firm. He has a particular interest in the impact of estate and trust litigation on the elderly and has been invited to speak on numerous occasions to both the legal and medical professions. MICHELLE BURKE, ANTHONY HARPER, AUCKLAND Michelle has for over 20 years specialised in providing legal advice to owners of retirement villages and aged care facilities and is well versed in the issues that arise in operating these facilities. She regularly presents at industry meetings and legal conferences.
PRESENTERS DR CRAWFORD DUNCAN, CAPITAL AND COAST DHB, WELLINGTON Crawford has been employed as a Psychiatrist since December 1986 by the Wellington Hospital Board and its successors, and has worked entirely in Psychiatry of the Elderly since May 1987. LOUISE COLLINS, AGE CONCERN, WELLINGTON As the National Advisor of Elder Abuse, Louise has raised the professional status of the service and provided support to staff through national training, resources and the development of Practice Guidelines. She has a background in education and health management, with special interests in bioethics, human rights, disability and the elderly. VIVIENNE CRAWSHAW, BARRISTER, AUCKLAND Vivienne has been in practice as a barrister sole since 2008. She has appeared as counsel in a number of relationship property and children s cases. Vivienne has presented papers on a range of family law issues to NZLS CLE and other conferences. KATHRYN DALZIEL, TAYLOR SHAW, CHRISTCHURCH Kathryn has presented seminars for 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). She also lectures in legal ethics at the University of Canterbury, and is a member of the NZLS Human Rights and Privacy Committee. LESLEY GRANT, GILLESPIE YOUNG WATSON, LOWER HUTT Lesley has broad experience having worked in law firms in London, Sydney and Wellington. She leads her firm s elder law team and has a special interest in all aspects of law affecting the elderly, including the PPPR Act. DR BEV JAMES, PUBLIC POLICY & RESEARCH LTD, WELLINGTON Bev has many years experience as a social researcher and policy analyst. Her research areas are in housing, community development and resource management. Bev has undertaken a wide range of housing research, including community resilience in the face of natural disasters, older people s repairs and maintenance practices, retirement villages, and housing solutions for kaumātua.
PRESENTERS CHRIS KELLY, GREG KELLY LAW, WELLINGTON Chris Kelly has over 35 years experience as a lawyer specialising in wills, trusts, estates and elder law, is co-author of leading legal texts on trusts (Garrow & Kelly) and probate (Dobbie), and has presented numerous legal conference papers. GREG KELLY, GREG KELLY LAW, WELLINGTON Greg has over 30 years experience in the wills, trusts and estate area. He has co-written a number of the leading texts and presented papers at numerous conferences and seminars on these topics. DR BEDE MCIVOR, BEXLEY CLINIC, AUCKLAND Bede has expertise in General Psychiatry, Psychiatry of the Elderly, Forensic Psychiatry and Neuropsychiatry. Areas of interest include the assessment and treatment of disorders (as the result of possible dementia, head injury or other neurological conditions), psychotic disorders, and medico-legal issues related to the PPPR Act (ie competency and testamentary capacity). DR COLIN PEEBLES, CANTERBURY DHB, CHRISTCHURCH Colin is a Consultant Psychiatrist at the Canterbury District Health Board and specialises in Psychiatry of the Elderly and Consultation Liaison Psychiatry. MARY JOY SIMPSON, HESKETH HENRY, AUCKLAND A specialist in trust and estate planning law, Mary Joy regularly reviews and provides advice on personal asset management plans. She is experienced in navigating issues arising for clients and families as they put in place, and act under, enduring powers of attorney. Mary Joy has previously presented for NZLS CLE on trust drafting and ADLS on enduring powers of attorney. KAY SAVILLE-SMITH, CRESA, WELLINGTON Kay specialises in applied social research and evaluation in housing, public policy and community development. She has conducted an extensive range of housing-related research including on community resilience in the face of natural disasters, older people s repairs and maintenance practices, retirement villages, household energy use and sustainable neighbourhoods.
Register and pay online at www.lawyerseducation.co.nz You can also view the CLE programme and purchase booklets online Elder Law Intensive CENTRE DATE VENUE Christchurch 7 May Chateau on the Park Wellington 14 May Amora Hotel Auckland 21 May Rendezvous Hotel LAST NAME FIRST NAME TITLE (PLEASE PRINT) NAME FOR NAME TAG FIRM/ORGANISATION PO BOX DX STREET ADDRESS TOWN/CITY POSTCODE PHONE FAX EMAIL DIETARY REQUIREMENTS FEE (INCL GST) Registrations will not be actioned until payment is received. The registration fee includes all materials, morning and afternoon teas and lunch. Please note: NZLS members include NZLS Associate members. Earlybird rate By 7 April OR After 7 April NZLS member $625 $675 Non-member $675 $725 PAYMENT I attach a cheque made payable to NZLS CLE Ltd Please debit my credit card account Mastercard Visa Amex CARD NUMBER EXPIRY DATE CARD SECURITY CODE NAME ON CARD SIGNATURE OF CARDHOLDER SEND TO: NZLS CLE Ltd, PO Box 5041, Wellington 6145, DX SP20202 or Fax 04 463 2986 INQUIRIES: 0800 333 111 or cle@lawyerseducation.co.nz CANCELLATION AND REFUND POLICY 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. PRIVACY ACT 1993 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.