Aged Care and Retirement Villages: Legal Issues
WEB213NZA17: Attend and receive critical updates on the key issues that can and do arise in the aged care sector and retirement villages. Rigorously review key decisions impacting you from the Health Practitioners Disciplinary Tribunal, Human Rights Review Tribunal and insights from the Office of Health and Disability Commissioner. You will also consider important financial, property and estate issues such as the PPPR, wills, moving to a facility and learn to identify the hallmarks of financial abuse.
Description
Attend and earn 4 CPD hours
Chair: John Collyns, Executive Director, Retirement Villages Association
UPDATE ON TRIBUNAL DECISIONS AND THE OFFICE OF HEALTH AND DISABILITY COMMISSIONER
9.15am to 10.15am Care and Concern for Elders? Analysis of New Zealand’s Health Practitioners Disciplinary Tribunal and Human Rights Review Tribunal Decisions
- Discussion of recurring conduct
- Identification of types of vulnerability
- Comparison of outcomes
Presented by Prof. Kate Diesfeld, Auckland University of Technology
10.20am to 11.20am Update on Recent Complaints to the HDC Relating to Aged Care
- Are Retirement Villages subject to the Code of Health and Disability Services Consumers' Rights?
- COVID-19 complaints and issues relating to older consumers
- Who decides? research involving older people who are unable to decide to participate
Presented by Dr Cordelia Thomas, Associate Commissioner, Office of the Health and Disability Commissioner
PERSONAL PROPERTY AND FINANCIAL ABUSE
11.25am to 12.25pm Practical Legal Issues for Retirees and Your Retiree Clients to Consider: A Potpourri
- Enduring powers of attorney/PPPR Act applications
- Updating a will and other estate planning documents
- Downsizing a home and/or moving into a retirement village or care facility
Presented by Theresa Donnelly, Legal Services Manager, Perpetual Guardian
12.30pm to 1.30pm Elder Fraud: Preventing and Responding to Financial Abuse
- What fraud can look like: picking up the signs
- Trust does not replace due diligence
- Global perspectives and case studies
- Actions to take on suspecting an elder fraud
Presented by Stephen Drain, Partner, PwC
Learning Objectives:
- Examine recent decisions from the Health and Human Rights Tribunals
- Receive insights from the Office of the Health and Disability Commissioner
- Obtain a timely update on PPPR and other issues affecting the elderly
- Gain a deeper understanding of financial abuse and how to recognise it
Presenters
John Collyns, Executive Director, Retirement Villages Association
John was appointed Executive Director of the Retirement Villages Association (NZ) Inc (RVA) in October 2007. John is responsible for setting the Association’s strategy and policy direction, as well as developing relationships with members, key stakeholders, central and local government agencies, and the media. Key stakeholders include the Ministry for Business, Innovation and Employment, the Retirement Commissioner, the Financial Markets Authority, the Office for Senior Citizens, District Health Boards, Business NZ, statutory supervisors, and consumer advocacy groups such as Age Concern and Grey Power, amongst others. Prior to this appointment John was the Executive Director of the Bus and Coach Association (NZ) Incorporated, a position he had held since September 1994. John was a founding director of the Road Transport and Logistics Industry Training Organisation and he is a Fellow of the Australasian Society of Association Executives. He has a BA from Victoria University in Wellington.
Prof. Kate Diesfeld, Auckland University of Technology
Professor Kate Diesfeld represented people with disabilities in California. She held roles at Kent Law School (England) and the University of Waikato (NZ). At Auckland University of Technology, she was Director of the National Centre for Health Law and Ethics and is the Chair of the Ethics Committee. She co-edited Involuntary Detention and Therapeutic Jurisprudence (2003) and Elder Law in New Zealand (2014). Her memberships include the Editorial Board of the Journal of Legal Medicine and the Editorial Board of Psychiatry, Psychology and Law. Also, she is a member of the Auckland District Law Society Mental Health and Disability Sub Committee. She supervises interdisciplinary doctorates and her research interests include disability, health and elder law.
Dr Cordelia Thomas, Associate Commissioner, Office of the Health and Disability Commissioner
Dr Cordelia Thomas is the Associate Commissioner for the Health and Disability Commissioner. She has previously been the HDC Associate Commissioner- Investigations, Acting Chief Legal Advisor, Specialist Senior Legal Advisor. Previously, she was the senior legal advisor for Toi te taio: the Bioethics Council. Her projects included "Who Gets Born: Prebirth testing" and "Human Embryos for Research". For a number of years she was a senior lecturer in law at Massey University and continues to teach Public Health Law. Her research interests include medical law and bioethics and her PhD thesis in law proposed a legal framework for the collection, retention and use of human body parts. She has published widely and is the author of several textbooks.
Stephen Drain, Partner, PwC
Stephen Drain is a Partner in PwC and lead its Forensic Services team, specialising in the prevention, detection and response to economic crime particularly fraud, corruption and money laundering. This includes assisting Reporting Entities to comply with their obligations under New Zealand's Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009. He has led and investigated a wide range of financial crimes from initial investigation to final proceedings and is experienced in working discretely with boards and senior leaders to help them meet a range of challenges including suspected fraud, probity concerns and regulatory investigations. Stephen's early career was in the New Zealand Police and later Serious Fraud Office (SFO). Stephen had two senior roles in leadership development, joining PwC in 2012.