PPPR & Elder Law: A Decision-Making Practicum
Elder law issues, including the Protection of Personal and Property Rights Act 1988 (‘PPPR Act’) often leaves lawyers like yourself, questioning the correct course of action. To help you navigate this complex area, our panel of experts will reveal the best practice approaches, including EPOA activation and challenging EPOAs decisions, the tricky situations when a person has both an EPA and advanced directive and the evolving role of counsel of subject person. This one event not to be missed! WEB233NZA21Z
Description
Attend and earn 3 CPD hours
Chair: Henry Stokes, General Counsel, Perpetual Guardian
2.00pm to 3.00pm All You Need to Know About Enduring Powers of Attorney (EPOAs)
- Enabling the exercise of autonomy via EPOAs
- Red flags when witnessing the appointment of EPOAs
- Activation of EPOAs
- Challenging the decisions of EPOAs
Presented by Iris Reuvecamp, Principal, Vida Law
3.05pm to 4.05pm New Counsel for Subject Person: The Obligations
- Role of Counsel for Subject Person: rights-based or best interest?
- Meeting the Subject Person
- Meeting the family
- Financial due diligence
- Dealing with conflict
- Report writing
Presented by Dr Rhonda Powell, Barrister
4.05pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Advance Directives and EPOAs: Challenges and Recommendations
- Advance directives generally
- Validity of advance directives and capacity required to make advance directives
- Providing health services to individuals in the absence of an EPOA or advance directive
- Simultaneous EPOA or advance directive: Issues arising
Presented by Greg Ambler, Senior Associate, TGT Legal
Learning Objectives:
- Analyse EPOAs and understand how to activate them and challenge EPOA decisions
- Gain an in-depth of the plan of action when there is a conflict between an EPA and advanced directives
- Understand the challenging role of new counsel for subject person and take away insights
Presenters
Henry Stokes
Henry Stokes has been in private practice and acted as in-house counsel for a combined period of over 20 years. He is currently General Counsel, for Perpetual Guardian. Henry specialises in the areas of wills, estates, trusts (both family and charitable) and protection of personal and property rights matters, including appearing in the Family Court, High Court and Court of Appeal. Henry advises on all areas from the preparation and implementation stages through to the disputes, claims and proceedings stages. Henry is an advocate for the trustee industry working together to provide world class trustee services to New Zealanders and is focused on the industry being fully prepared for the new Trusts Act 2019 implementation date of January 2021.
Iris Reuvecamp
Iris Reuvecamp is a barrister and solicitor of the High Court of New Zealand and a Solicitor of the Senior Courts of England and Wales. Iris has been practising as a health and disability law specialist for close to twenty years both as inhouse counsel and as an external advisor. She has a particular interest in mental health, older persons and disability law. Iris appears regularly in a range of courts and tribunals and is a court appointed lawyer for the subject person under the Protection of Personal and Property Rights Act 1988. She is an Affiliate of the Law Faculty of the University of Otago and teaches health and disability law related courses to health professionals and undergraduate students. Iris has published and presented on a range of topics relevant to mental capacity law in a variety of different forums. She is co-editor of Iris Reuvecamp and John Dawson (eds) Mental Capacity Law in New Zealand (Thomson Reuters, Wellington, 2019) and authored a number of chapters in that text, including the chapter “Enduring Powers of Attorney, Welfare Guardians and Property Managers”. Iris holds a number of health and disability sector governance roles. She is chair of the Ethics Committee on Assisted Reproductive Technology.
Greg Ambler
Gregory Ambler is a senior solicitor at TGT Legal, a boutique law firm based in Auckland specialising in trusts and personal asset planning. He provides advice and opinions on legal issues relating to trusts, estate planning, relationship property, estates, and wills. He assists with the establishment, administration and restructuring of trusts and charities, and works with trustees, executors, beneficiaries and other stakeholders, advising them on their rights and obligations.
Dr Rhonda Powell
Dr Rhonda Powell TEP is a Christchurch barrister specialising in trusts, estates, relationship property and PPPR Act matters. Rhonda offers consultancy to law firms as well as advocacy.