Aged Care and Retirement Villages: Legal Issues
Attend and receive critical updates on the key issues that can and do arise in the aged care sector and retirement villages. You will explore industry developments for retirement villages and hear directly from the Aged Care Commissioner about the current issues influencing this sector. You will also consider trust and occupation right agreements and amplify your understanding of the importance of informed consent. WEB233NZA20Z
Description
Attend and earn 4 CPD hours
Chair: John Collyns, Executive Director, Retirement Villages Association of New Zealand
HEAR FROM THE OFFICE OF THE HEALTH AND DISABILITY COMMISSIONER
9.15am to 11.20am Current Issues Impacting the Aged Care Sector
- The first year in the Aged Care Commissioner role: what's new?
- Opportunities and Challenges for older people using the health and disability system.
Presented by Carolyn Cooper, Aged Care Commissioner, Office of the Health and Disability Commissioner
Informed Consent
- Who makes decisions when residents have capacity issues?
- Competent person
- Diminished or variable competence
- EPOA and Welfare Guardian
- Advance directives
- Right 7(4) of the Code
- Emergencies
- Role of whaanau/friends
Presented by Cordelia Thomas, Associate Commissioner, Office of the Health and Disability Commissioner
11.20am to 11.30pm Break
11.30pm to 12.25pm Industry Developments for Retirement Villages
- A snapshot of the industry today and potential growth across NZ
- Research undertaken into resident expectations for evidence to guide the reforms;
- A summary of the key changes:
- Slow relicensing times
- Repairs and maintenance to operator-owned chattels
- Weekly fees
- Financial assistance for transfers to care
- Healthy Homes standards
- Making the RVA’s compliance audits public
- Improving the residents’ voice at the RVA’s Executive Committee
- A Disciplinary Authority to enforce standards
- A new training programme – Te Ara Professional Development
Presented by John Collyns, Executive Director, Retirement Villages Association of New Zealand
12.30pm to 1.30pm Trusts and Occupation Right Agreements
Vicki Ammundsen will consider the range of matters to take into consideration including:
- Trustee capacity
- Prudent investment considerations
- How to account for the reduction in value
- Non-beneficiary residents
- Trusts and weekly / monthly expenses
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Learning Objectives:
- Receive insights from the Office of the Health and Disability Commissioner
- Explore the requirements of informed consent
- Obtain a timely update of industry developments for retirement villages
- Gain a deeper understanding of trusts and occupation rights agreements
Presenters
John Collyns
John Collyns was appointed Executive Director of the Retirement Villages Association (NZ) Inc (RVA) in October 2007. The RVA represents the interests of retirement village owners, developers and managers around New Zealand. 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.
Carolyn Cooper
Carolyn Cooper is an executive leader with extensive experience across executive management, aged care, rehabilitation and orthopaedics in both Australia and New Zealand. She has experience in key roles in district boards, and working as part of the public health system, in both Australia and New Zealand. Carolyn is regarded as an innovative leader with excellent relationship skills. She thrives on achieving results that are sustainable and delivered in a caring team environment. She is passionate about driving innovation and collaboration to achieve a great quality of care and quality of life for all older people.
Cordelia Thomas
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.
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.