Aged Care and Elder Law Symposium
Issues covered include: Elderly, elder, elder law, residential care subsidies, End of Life Choice Bill, Office of the Health and Disability Commissioner, health, disability, ethics, medical capacity, retirement villages, the Protection of Personal Property Rights Act 1988, guardians, welfare guardianship, powers of attorney, care facilities
Description
Aged care and elder law are comprised of a range of distinct but often interconnected areas of law, so a lot can go wrong for you and your elderly client. Attend and explore both the practical aspects of elder law and the issues that can and do arise in aged care facilities and retirement villages. Hear from the Office of the Health and Disability Commissioner, work through case studies, and explore the essentials that affect you at the coalface.
Attend the full day and earn 7 CPD hours
This symposium was recorded in NZ on 13 March 2019
Session 1
Practical Challenges with Elderly Clients
Chair: Jessica Buddendijk, Owner/Operator, Jelica's Aged Care Advisory and Educational Services; Former Chair, Care Association New Zealand (CANZ)
9.00am to 10.00am: Advising Mature Clients: The Impact of Residential Care Subsidies
Understanding the impact of Residential Care subsidies means getting to grips with a complex area of specialist law. There is so much that can go wrong, and often does. A key issue for practitioners is that you often come late to the party and clients have made key decisions without coming to you first. In this practical session you will explore:
- The statutory thresholds and framework and common issues with access to the scheme
- Discussion of real life examples
- Key pitfalls and issues you really need to discuss with your clients, including for trust reviews
- Gaining a better understanding of how the law, policy and practice in this space impacts New Zealanders and your practice
Presented by Theresa Donnelly, Senior Solicitor, Public Trust
10.00am to 11.00am: End of Life Choice Bill
This session will provide you with an overview of the End of Life Choice Bill, update you on the Bill's progress, and consider the practical application of (and some potential issues with) the proposed legislation.
Presented by Catherine Miller, Senior Associate, Buddle Findlay
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: INSIGHTS FROM THE OFFICE OF THE HEALTH AND DISABILITY COMMISSIONER: Whose Decision Is It?
- Who makes the decisions about health and/or disability services provided to older people?
- The effect of fluctuating capacity to decide
- Recent relevant HDC cases
Presented by Dr Cordelia Thomas, Associate Commissioner, Office of the Health and Disability Commissioner
12.15pm to 1.15pm: Burning Ethico-Legal Issues Encountered in Elder Law Practice
This session is designed to identify and discuss problematic practice issues that lawyers may face with their older clients. Based on practical experience, you will be referred to relevant law and professional codes to guide best practice regarding:
- Clients who appear to have compromised capacity but deny it
- How to raise the issue of a referral for a medical capacity assessment
- Confidentiality when the client’s Enduring Power of Attorney has been activated
- Difficulties when one person has an activated enduring power of attorney and the partner/spouse does not
- How to detect and respond to suspected undue influence or elder abuse
As an interactive event, discussion will be welcomed regarding additional ethico-legal issues lawyers face in the complex field of elder law.
Presented by Professor Kate Diesfeld, Auckland University of Technology and Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Learning Objectives
- Gain a deeper understanding of capacity issues while hearing from the Associate Health and Disability Commissioner
- Develop practical strategies for managing a relationship with a mature client
- Understand the impact of Residential Care subsidies
- Examine the implications of the End of Life Choice Bill
Session 2
Update on Rights, Changes and Differences in Villages and Facilities
Chair: Rebecca Keenan, Barrister, Liberty Law
2.00pm to 3.00pm: The Protection of Personal Property Rights Act 1988: A View from the Outside
- Rights of third parties to be consulted and to seek a review of:
- Decisions of welfare guardians and property managers
- Welfare guardianship and property orders
- Attorney’s actions under enduring powers of attorney, with respect to welfare guardianship, property, or both
- When a third party can obtain confidential information form the welfare guardian or property manager
- Rights of third parties to obtain information as to the validity and currency of enduring powers of attorney
- The relationship of third parties when the subject person has a welfare guardian and property manager and when the subject person has a right to a personal order, property orders and welfare guardianship orders
- The impact on historic, personal and professional relationships with the subject person (e.g. solicitors, accountants, doctors and professional advisors)
Presented by Alan Gluestein, Barrister, Wyndham chambers
3.00pm to 4.00pm: Update on Health & Safety and Employment Issues in the Aged Care Sector and Retirement Villages
- Implications for aged care of the upcoming changes to the Employment Relations Act 2000
- Implications of pay equity: navigating through the issues that have arisen
- Update on sentencing under the Health and Safety at Work Act 2015
Presented by Shelley Eden, Partner, Shieff Angland
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: The Interface Between Retirement Villages and Aged Care
- The differences between villages and care facilities
- Provision of care in villages
- Occupation right agreements for care suites
Presented by Jenny Baldwin, Partner – Retirement Villages, Anthony Harper
Learning Objectives
- Examine the Protection of Personal Property Rights Act 1988 from a third party perspective
- Receive a timely and practical update on health and safety issues in the Aged Care sector
- Gain a deeper understanding of the common issues affecting care facilities vs retirement villages