Elder Abuse Legal Symposium
Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations
Description
The issue of elder abuse is becoming a more prevalent part of many legal practices, impacting wills and estates lawyers, family law practitioners, elder law specialists and more. With an aging population and greater awareness and scrutiny of elder abuse, it’s critical that lawyers are on top of the latest developments in this increasingly important area of law. Examine some of the most important updates in elder abuse along with best practices and procedures for working in the area
Attend and earn 4 CPD units including:
2 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Professional Skills
This symposium was recorded in VIC on 13 March 2019
Chair: Deborah Foy, Barrister, Dever’s List
Professional Skills
9.00am to 10.00am: Trends, Developments and Best Practices in the Guardianship Division of VCAT
- Types of applications that can be made to the Guardianship Division
- Practice and procedure in the Guardianship Division
- Appearing in the Guardianship Division and representing clients who are the subject of guardianship or administration order applications or hospitals/family members who are making the applications
Presented by Louise Martin, Barrister, Foley’s List
10.00am to 11.00am: Estrangement, Disentitling Conduct, Family Provision Applications and the Elderly
- Revisiting Part IV of the Administration and Probate Act 1958 (Vic) in light of the significant changes brought about by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014
- Recent case law update, including the current approach of the courts to the place of ‘moral duty’ in assessing whether adequate provision has been made for the proper maintenance and support of a claimant that is an eligible person
- Will drafting strategies for practitioners with elderly clients
Presented by Mark Eaton, Partner, HDME Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Financial Elder Abuse: Legal Liability and the Recovery of Assets
- Warning signs and responding when financial elder abuse is suspected: Where do claims usually come from?
- Enforcement procedures and how to recover assets
- Utilising dispute resolution to achieve fair outcomes
Presented by Jessica Latimer, Special Counsel, Moores
Ethics & Professional Responsibility
12.15pm to 1.15pm: Ethical Considerations for Practitioners when Concerns about Abuse are Present
- Identifying the clients
- Involving them in the decision making
- Reporting elder abuse/ mistreatment and safeguarding the client
- Capacity considerations: the legal perspective
Presented by Dominique Saunders, Principal, Saunders Legal; former Deputy President of the Mental Health Tribunal