This program is designed to provide essential insights for navigating the intricate landscape of Elder Law and the Protection of Personal and Property Rights Act 1988 (PPPR Act). Join experienced professionals as they unpack the issues surrounding capacity, elder abuse and EPOA enforcement. Pick up guidance and best practices for drafting EPOAs, making successful PPPR applications, and managing elderly clients with complex familial circumstances.
Chair:
Dr Rhonda Powell, Barrister, Walker Street Chambers
9.00am to 10.00am Addressing Elder Abuse and Capacity Issues with EPOA and Other Legal Agreements
- Understanding ‘elder abuse’ in New Zealand
- Navigating where elder abuse can intersect with EPOA and other legal agreements
- Examine how abusive circumstances can impact an individual's capacity and their ability to manage such agreements effectively
- Strategies and resources available to provide vital support to older individuals and their families as they navigate the complex issues arising from elder abuse
- Wider social and environmental factors that contribute to elder abuse and how these factors can influence an individual's support network in the context of EPOA and similar arrangements
Presented by Karen Billings-Jensen, Chief Executive, Age Concern New Zealand and Hanny Naus, Professional Educator: Elder Abuse and Neglect Prevention, Age Concern New Zealand
10.00am to 11.00am Creating Enduring Powers of Attorney: Guarding Against Elder Fraud and EPOA Misuse
- Points and pitfalls to consider when drafting EPAs
- Due diligence to check that the EPA reflects your client’s true intentions
- Safeguards to protect against potential elder fraud
- For enduring success: Ensuring attorneys understand their duties
Presented by Kate Wiseman, Barrister, Mediator and Arbitrator, Bankside Chambers
12.15pm to 1.15pm The Importance of Wills Done Right in Elder Law
- Due diligence, considerations and essential strategies for crafting comprehensive and airtight wills
- Avoiding common pitfalls and legal traps in the will creating process
- Practical tips for ensuring your wills stand up to scrutiny and effectively distribute assets
Presented by Donna Watt, Senior Associate, Gibson Sheat Lawyers
11.15am to 12.15pm Legal Considerations for Mastering Successful PPPR Applications
- Important provisions of the PPPR Act
- Determining who can make an application and under what circumstances
- Evidence and documentation to for an effective application
- Presumption of competence and proving incapacity
- Appointment of welfare guardian, personal order, property order and administration order
Presented by Helen Tyree, Director, McWilliam Tyree; Leading Family & Relationship Property Lawyer – New Zealand, Doyle’s Guide 2023
Description
Attend and earn 4 CPD hours
Learning Objectives
- Analyse recently proposed changes and their legal implications to the aged care sector
- Access perspectives for complaint management from the Aged Care Commissioner
- Stay informed about current developments in aged care employment law
11.00am to 11.15am Break
Presenters
Dr. Rhonda Powell, Barrister, Walker Street Chambers
Dr Rhonda Powell TEP is a Christchurch barrister specialising in trusts, estates, relationship property and PPPR Act matters. Rhonda is regularly appointed as lawyer for subject person in PPPR Act matters, and has acted for private clients in both contentious and non-contentious applications under the PPPR Act. Rhonda offers consultancy to law firms as well as advocacy in the Family Court, High Court and Court of Appeal.
Ms. Kate Wiseman, Barrister, Mediator and Arbitrator, Bankside Chambers
Kate is a dispute resolver specialising in collaborative law, mediation and arbitration. Her mediation and arbitration practice encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving family disputes involving companies, trusts, relationship property and estates. Before coming to the law, she had a 20-year career in business. She now holds a number of governance positions, including as chair of the Village Square Trust, a community services for-purpose organisation; and as an elected member of the boards of the Arbitrator and Mediators Institute of New Zealand (AMINZ) and the Collaborative Law Association of New Zealand.
Ms. Helen Tyree, Director, McWilliam Tyree
Helen is a director of McWilliam Tyree Lawyers, having been an Associate and then Senior Associate at McWilliam Rennie (predecessor of McWilliam Tyree) since 2014. Helen has practiced all areas of family law since 2003. As well as acting for clients in all areas of family law, Helen has undertaken regular appointments as lawyer for child and as lawyer for subject persons under the Protection of Personal and Property Rights Act since 2008. Helen is also a contributing author for the legal publication “Brookers Family Law on Family Property”, writing about relationship property agreements (separation agreements, contracting-out agreements, and setting aside those agreements). She also contributed significantly to McWilliam Rennie’s submissions to the Law Commission in relation to their review of relationship property and then succession law. She has presented seminars for Legalwise on a range of relationship property matters, relationship property law developments and on the Protection of Personal and Property Rights Act. Helen Tyree graduated from Otago University in 2000 with a Bachelor of Laws and from Brunel University of London in 2003 with a Master of Law in Child Law and Policy (with distinction).
Ms. Donna Watt, Senior Associate, Gibson Sheat Lawyers
Donna leads Gibson Sheat's Masterton Elder Law, Wills and Estates team. Donna started her law degree at Victoria University in 2009 while trying to convince her eldest son that he wanted to study law (which he didn't). She was admitted to the bar on 25 September 2015. BC (Before Children) Donna worked in a variety of roles at Housing New Zealand, mainly as a tenancy mediator. Her community involvement includes: Masterton Community Orchestra; A long-time volunteer with Playcentre and La Leche League. Outside of work, Donna enjoys time with her family and watching her children play sport. She also enjoys travel, especially to places that present physical challenges, and loves going to the theatre. Playing the violin and music generally has always been a big part of Donna's life.
Ms. Karen Billings-Jensen, Chief Executive, Age Concern New Zealand
Relationships are at the core of what Karen does, alongside ensuring that the right resources are in place for all Age Concern’s work both nationally and to support its members. Karen is a proud Wellingtonian and a registered social worker by background with extensive management and leadership experience across the NGO sector. To see Age Concern’s vision, mission, values and strategic priorities come to life is an important goal and one that can only be achieved in partnership with the community, social, voluntary and government sector, including working with Iwi, Pasifika, Migrant and Refugee communities.
Ms. Hanny Naus, Professional Educator: Elder Abuse and Neglect Prevention, Age Concern New Zealand
Hanny’s role is to support and encourage the professionalism of workers in elder abuse and neglect prevention throughout the country. It is a privilege for Hanny to work with these passionate and skilled colleagues who support older people have their needs and choices respected. In previous work roles, Hanny’s focus has included social work/counseling in community and health care settings with older people and people with disabilities.
