Elder Financial Abuse Forum
Examine capacity, substitute decision making instruments, and powers of attorney from the legal & medical perspectives. Gain unique insights from the banking sector on how it addresses elder abuse. Explore practical asset protection strategies and master how to recover assets after elder financial abuse occurs. Finally, work through how to deal with instances of elder financial abuse when the victim is deceased or lacks capacity. WEB215N08
Description
Attend and earn 4 CPD units including:
3 CPD units in Substantive Law
1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Michael Perkins, Founder, Autonomy First Lawyers
9.00am to 9.45am Mental Capacity, Substitute Decision Making Instruments & the Lawyer’s Role
- Understanding the legalities of mental capacity
- How is legal capacity assessed, and what is the lawyer’s role in the process?
- Preparing and working with substitute decision making instruments
- Decision-maker legislative update
- The practical aspects of dealing with elders, family and decision-makers
- Who should you talk to? Who has access to what information?
- Where it can all go wrong and how to avoid common traps
Presented by Michele Davis, Principal Lawyer & Director, Michele Davis Estate Law; Adjunct Lecturer & Practice Area Leader (Wills & Estates and Estate Planning), College of Law
Professional Skills
9.45am to 10.30am THE MEDICAL PERSPECTIVE: Capacity and Elder Abuse: Perspectives from a Clinical Neuropsychologist
- The medical perspective on mental impairment and cognitive & psychiatric disorders and how they impact the elderly and their level of capacity
- The different states of mental impairment in the elderly, some of the causes, and some potential outcomes
- Understanding how mental impairment and capacity is assessed by medical professionals
- How elder abuse comes into play and how it can be observed by medical professionals
- How lawyers can optimise their approach the evaluation of capacity
Presented by Dr Jane Lonie, Consultant Clinical Neuropsychologist
10.30am to 11.15am Asset Protection & Vulnerable Clients
- Who is a ‘vulnerable client’?
- Identifying areas of risks for the vulnerable client
- Types of risks and claims
- Strategies to protect vulnerable clients and their assets
Presented by Phillip McGowan, Partner, McCullough Robertson; Accredited Specialist in Succession Law, QLD Law Society; Inaugural Editor, de Groot’s Wills, Probate and Administration Practice (New South Wales)
11.15am to 11.25am Break
Professional Skills
11.25am to 12.05pm Elder Financial Abuse: The Banking Perspective
Older Australians are disproportionately exposed to financial abuse. What is the role of a bank in identifying, responding to and preventing elder financial abuse? This session will cover:
- The impact of scams and fraud, especially in the context of digital banking
- The role of the Banking Code of Practice and the requirement to provide ‘extra care’
- How can data help / hurt in the identification of abuse
- The CBA’s ‘Safe and Savvy’ program
Presented by Dr Brendan French, Executive General Manager Customer and Community Advocacy, Commonwealth Bank; Author, Safe and Savvy Guide to Elder Financial Abuse
12.05pm to 12.50pm Legal Liability and the Recovery of Assets Following Elder Financial Abuse
- Recognising remedies before death and after death
- In-depth analysis of elder financial abuse claims: causes of action
- Third party liability for an older person’s losses: claims against banks and professional advisors
- Practical issues and legal risks in the courts and tribunals
- Utilising dispute resolution to achieve fair outcomes and the role of lawyers in family mediation
Presented by Jessica Latimer, Special Counsel & Head of Elder Financial Abuse Team, Moores
12.50pm to 1.35pm Evidentiary Issues When an Elder Financial Abuse Victim Lacks Capacity or is Deceased
How does an executor of a deceased estate or a decision maker for a person without capacity recover assets?
- Some common scenarios
- Evidentiary challenges
- Methods of identifying and obtaining evidence
- Common legal complexities encountered
Presented by Simon Pitt, Barrister, Greens List