Elder Law: Capacity, Asset Protection and Abuse
Attend and elevate your expertise relating to critical areas of elder law. Examine mental capacity, undue influence, enduring powers of attorney, removal of an aging trustee and PPPR Act applications. You will also gain unique insights, tools and a deeper understanding of the relevant legal tests from leading experts on elder abuse as you work through practical cases and examples. WEB219NZA12
Description
Attend and earn 3 CPD hours
Chair: Theresa Donnelly, Legal Services Manager, Perpetual Guardian
9.15am to 10.00am Mental Capacity Considerations, Undue Influence and Vulnerable Clients
- Relevant cases that bring out “the uncertainty, delay, costs and distress caused by failure of professional advisers to educate themselves in the basic precautions required to achieve the result sought by the … client – to adopt a test supported by expert experience which will withstand future investigation. Failure in future to adopt such practices may give rise to claims by those who have suffered as a result.” – see Woodward v Smith [2009] NZCA at [59]
- Understand undue influence, a common law cause of action
- Relevant legal tests, tools and references to assist lawyers when acting for vulnerable clients
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
10.05am to 10.50am Trusts and the Ageing Trustee
An overview of the legal issues that may arise when advising ageing trustees, including:
- Trustee duties and responsibilities
- Replacing an incapacitated trustee
- What happens on the death of a trustee
- Considerations for settlor trustees
Presented by Bethan Read, Special Counsel, Morris Legal
10.55am to 11.40am Enduring Powers of Attorney: Problems, Solutions and Precautions
- Duties and obligations of the witnessing lawyer
- Red flags to watch out for
- Requesting a capacity assessment
- Activating an EPOA
- What to do when there are concerns about validity/actions of EPOA
Presented by Iris Reuvecamp, Principal. Vida Law
11.45am to 12.30pm Understanding the Requirements for an Application Under the PPPR Act
An overview, including the legal frame work, important practical considerations for practitioners working in this area (including dealing with capacity issues) together with an overview of relevant cases and emerging trends.
Presented by Ross Knight, Barrister, Old South British Chambers
Learning Objectives:
- Examine recent cases and principals on undue influence, mental capacity and vulnerable clients
- Gain a deeper understanding of legal issues associated with aging trustees
- Receive practical tips when working with enduring powers of attorney
- Learn the practical requirements relating to PPPR Act applications
Presenters
Theresa Donnelly
Theresa Donnelly graduated from Auckland University in 1992 and has over 27 years’ experience in private practice, government and in-house Legal. Theresa is currently the Legal Services Manager at Perpetual Guardian, and is a recognised Elder Law expert. Theresa is formerly from Public Trust (Team Leader) and the Ministry of Social Development, where she was lead Senior in their Public Law Team responsible for advice in relation to Older People’s Policy and the Office of Senior Citizens. She is a regular presenter and speaker for professional groups such as Legalwise, NZLS/CLE, ADLS, STEPS, CCH and other professional organisations.
Vicki Ammundsen
Vicki is the director at Vicki Ammundsen Trust Law Limited, which she established in 2015, and the author of a number of books on trusts and trustees including Taxation of Trusts, ed 3, Trustee Liability and the Trustee’s Handbook, ed 4 (all CCH New Zealand Limited). She has presented at conferences in New Zealand and internationally on wills and estates, trusts and the law of equity. Vicki also produces the blog Matters of Trust as a resource to share up to date trust law knowledge. Vicki uses her day to day experience with trusts and estates and her deep knowledge of New Zealand and international case developments to underpin her practical, solutions-focussed approach to dealing with trust and family law issues. She firmly believes that trusts have an important role to play in inter-generational asset management, but that this is risked by a lack of understanding of effective or appropriate trust management that too often leads to misunderstanding or abuse.
Bethan Read
Bethan Read is a special counsel at Morris Legal and leads the firm's advisory team. Bethan is qualified in both New Zealand and England and Wales. Bethan specialises in non-contentious private client advisory services and has extensive experience in estate planning and asset protection solutions including trust structures, wills, enduring powers of attorney and all other private client services. Bethan began her career at top tier firms in the Channel Islands and London, where she gained high-level experience in private client advisory matters. More recently, Bethan was a director and head of the trust’s legal team and director of an international trust company based in New Zealand and subsequently worked for a national New Zealand law firm, providing her with invaluable insight on the needs of both clients and trustees. Bethan is an affiliate member of STEP and holds a STEP Advanced Certificate in Trust Disputes.
Iris Reuvecamp
Iris is a barrister and solicitor, and has many years of experience specialising in health and disability law in both the UK and NZ. Iris has worked as in-house counsel and as an external adviser for a wide range of health and disability sector clients. Iris currently practises as a sole practitioner at Vida Law. Iris’ practice includes advising on administrative and public law issues; civil litigation and judicial review processes; complaints, inquiries, investigations and inquests; corporate and clinical governance (including conflicts of interest and legal compliance); health sector policy; privacy law; health sector procurement and contracting; health sector employment; mental health; personal welfare and protection of personal and property rights; personal injury, treatment injury and accident compensation; and professional regulation. Iris has a Bachelor of Law (Honours) and a Bachelor of Arts majoring in Psychology and Criminology from Victoria University of Wellington (1998), and a Masters in Bioethics and Health Law (Distinction) from the University of Otago (2012). She is a member of the Institute of Directors (2014) and an associate member of the Arbitrators’ and Mediators’ Institute of New Zealand (2016). She is currently undertaking a Master of Laws at the University of Auckland specializing in human rights.
Ross Knight
Ross is widely considered to be one of New Zealand’s leading advocates in Relationship Property and Trust Law. With over 30 years’ experience presenting cases in the Family Court, High Court and Court of Appeal, Ross has earned a reputation for his thoroughness, knowledge of the law and ability to relate to and empathise with his clients. Having listened with great care to their story, he devises for his clients, a plan of action, which he then pursues with passion and at times, a certain doggedness, when required, but always towards the ultimate objective of securing a cost effective outcome, whether that be through negotiation, mediation or court. Ross is frequently retained on complex matters involving significant assets, both in New Zealand and overseas. Regardless of where the dispute arises, he has developed an excellent network of likeminded professionals, whom he can call upon as and when required, such as investigators, mediators, forensic accountants, property valuers, investment advisors and health professionals – to name a few. Continuing legal education has always been a significant driver in Ross’ professional life. He holds both Bachelor and Master of Laws degrees from The University of Auckland. He contributes editorial to industry and commercial publications, and from time to time, speaks at law seminars and conferences on topical issues within his fields of expertise