5th annual

Elder law conference 2011

Friday 29 July 2011, 8:45am–5:30pm
Law Society House, 179 Ann Street
  • Purchase DVD Resources
Full day DVD (Resource code: 110729CD)
$970 non-members
$760 members
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Morning session DVD (Resource code: 110729AD)
$605 non-members
$380 members
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Afternoon session DVD (Resource code: 110729BD)
$605 non-members
$380 members
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Overview

Practice Management & Business Skills Professional Skills 7 CPD points

In an increasingly aging population, how we as an industry counsels the elderly is significantly more relevant each year. So join us at the Annual Elder law conference for an up-to-date perspective on this issue and build your practice’s ability to counsel this growing group of consumers.

Gain international insight on how solicitors in the United Kingdom are advising clients with early signs of dementia, Alzheimer’s disease and capacity issues. Receive the latest news on how the Productivity Commission Report is set to impact on the aged care sector in Australia.

Delegates will also hear from the Public Trustee, QCAT and the Adult Guardian on what practitioners can do in circumstances involving financial exploitation of the elderly, and gain expert advice for assisting elderly clients with residence at a retirement village or aged care facility.

Course code: 110729

Morning session – 3 CPD points

8:45am–8:50am
Opening address
  • Speaker: The Honourable Justice Alan Wilson – Judge, Supreme Court of Queensland and President, Queensland Civil and Administrative Tribunal
8:50am–9:20am
Keynote presentation: Acting for clients with early stages of dementia (Paper)
Professional Skills

Having worked as Legal and Welfare Information Officer at the United Kingdom Alzheimer’s Society, Craig presents the most up-to-date range of issues concerning mental capacity law and litigation, and what you can do to assist clients in early stages of dementia.

  • Speaker: Craig Ward – U.K Solicitor and Author of Lasting Power of Attorney: a Practical Guide
9:20am–10:30am
Progress and impact of the Productivity Commission Report (Papers)
Professional Skills
  • understanding the drivers for reform in the sector
  • detailing the findings of the Commission
  • analysing the impact of ‘big ticket’ recommendations
  • understanding the likely impacts of those reforms on existing aged care providers and residents
  • the potential change in the role of the regulators
  • the likely shape of new aged care legislation and any anticipating any change in role for legal practitioners.
  • Speaker: Julie McStay – Partner, Hynes Lawyers
  • Speaker: Tim Longwill – Partner, McCullough Robertson
  • Chair: Paul Martinez – Partner, Wilson Ryan Grose
10:30am–10:45am
Morning tea
10:45am–12:00pm
Critical update on issues with Lasting Powers of Attorney (Paper)
Practice Management & Business Skills Professional Skills
  • overview of problematic circumstances involving powers of attorney
  • highlighting the causes of recent problems and what to look out for
  • practice tips for replacing existing trustee arrangements with powers of attorney
  • making discretionary disbursements; the acceptable and the objectionable
  • taking instructions: questions to ask and timing issues for advanced health directives
  • catering for the imperatives of timing to avoid validity and capacity issues
  • specific advice for clients suffering from dementia and other medical care
  • mapping what people want: your role in planning for the progression of Alzheimer’s
  • certifying that a client understands the nature and effect of the document
  • benefiting as an attorney from the transfer of a property
  • problems bound in charging to act as an attorney.
  • Speaker: Mark Crofton – Official solicitor, Public Trustee of Queensland
  • Speaker: Craig Ward – U.K Solicitor and Author of Lasting Power of Attorney: a Practical Guide
  • Chair: Paul Martinez – Partner, Wilson Ryan Grose
12:00pm–1:00pm
Lunch

Afternoon session – 4 CPD points

1:00pm–2:00pm
12 month case review: Impacts involving Centrelink entitlements (Paper)
Professional Skills
  • how changed living arrangements impact on Centrelink entitlements
  • case studies from the last 12 months involving adverse effects on payments
  • entitlement issues for moving into a retirement village or aged care facility
  • how live-in arrangements with family have impacted on eligibility
  • what has happened and how it has been handled by Centrelink
  • comparing circumstances and possibilities with legal issues involved.
  • Speaker: Peter Porcellini – Senior Lawyer, Munro Thompson Lawyers
  • Speaker: Peter Murray – Financial Information Service Officer, Centrelink
  • Chair: Peter Wilson – Consultant, MPN Lawyers and Accredited Specialist – Succession Law (Qld)
2:00pm–3:00pm
Financing aged care with retirement villages and care facilities (Papers)
Professional Skills
  • emerging higher levels of care being offered in retirement villages
  • legal skills for documenting the higher duties and obligations
  • recent problems with entry fees and accommodation bonds
  • comparisons of how capacity and health are being approached
  • key planning considerations from a financial point of view
  • preparing for a resurgence in the use of reverse mortgages
  • updating your checklist for entry and exit arrangements.
  • Speaker: Noel Whittaker – Director, Whittaker Macnaught
  • Speaker: Rachel Lane – Executive Manager Aged Care Solutions, Colonial First State
  • Chair: Annie O'Connor – Lawyer
3:00pm–3:20pm
Afternoon tea
3:20pm–4:00pm
Elder Law – Making it a multi-disciplinary practice? (Paper)
Practice Management & Business Skills
  • is there a brave new world of MDP’s to be discovered in elder law
  • how do the Americans do it
  • what are the rules and limitations in Queensland
  • what could a Queensland Elder Law MDP look like
  • is it viable or pie in the sky.
  • Speaker: Brian Herd – Partner, Carne Reidy Herd and Chair of the Queensland Law Society Elder Law Committee
  • Chair: Annie O'Connor – Lawyer
4:00pm–4:40pm
Court case round-up of State, National and International decisions (Papers)
Professional Skills
  • importance of independent legal advice
  • knowledge of capacity issues when taking instructions – current trends
  • impact of attorneys on estate matters
  • criminal elder abuse.
  • Speaker: Karen Williams – Barrister, Queensland Bar
  • Speaker: Kim Forrester – Barrister, Queensland Bar
  • Chair: Annie O'Connor – Lawyer
4:40pm–5:30pm
QCAT and Adult Guardian on financial exploitation of the elderly (Papers)
Professional Skills
  • overview and comparison of circumstances involving financial exploitation
  • how QCAT intends to approach the exploitation of elders with an incapacity
  • recommendations for the role of solicitors in detection and prevention
  • case review: triggers for appointment of the Adult Guardian by the QCAT
  • comparing duties and responsibilities for different types of impairment.
  • Speaker: The Honourable Justice Alan Wilson – Judge, Supreme Court of Queensland and President, Queensland Civil and Administrative Tribunal
  • Speaker: Dianne Pendergast – Barrister, Queensland Bar
  • Chair: Annie O'Connor – Lawyer

Featured Speakers