Description

Not for the faint of heart

The adage that “old age is not for the faint of heart” proves true also for both General Practitioners who have older clients and specialist Elder Law Practitioners. Older New Zealanders are now often juggling complex legal issues, each of which can impact on the other. Advice needs to be considered and provided on a holistic basis, not on a standalone, modular basis.

Legal issues you may need to be across (over and above the usual legal issues that impact clients at any age) include:

• Residential Care Subsidies & Loans (RCS/ RCL)
• Gifting (yes it is still a thing)
• Enduring Powers of Attorney (EPOAs)
• Ordinary Powers of Attorney
• Complex Wills/Intestacies
• Jurisdictional considerations
• Trusts
• New Zealand Superannuation – including Pensions and Portability
• Capacity Issues
• Occupation Rights Agreements/Licences to Occupy (ORAs)
• Multi-generational living
• Elder Finance Abuse

It is important to take the time to understand your client’s circumstances.

This webinar provides a pot pouri of legal issues for older people rather than a deep dive into particular aspects.

One of the deeply practical issues is for the client to choose the right person for the “job”. With 67% of Elder Financial Abuse occurring at the hands of a close relative, it is clear that people aren’t always choosing the right person to look after their affairs, particularly their attorneys (looking after their property while they are still alive and need to press it into service to provide for themselves). However, picking the best person for the job is equally as important for example in effective estate administration and choosing an executor(s).

What if capacity is challenged? How can the older person making robust decisions best protect themselves against challenge? What can / should their legal adviser do? What about wills in different jurisdiction.

The presenters will discuss and address practical topics, including:

• The current state of play for RCS/RCL post-Broadbent
• How to balance the competing issues when thinking about gifting
• Practical EPOA considerations
• Practical will considerations
• Court made wills
• Who advises the attorney?
• Trusts and ORAs
• Blended families

This session will suit general Practitioners and those who practice Elder Law as part of the services offered.

ORIGINAL BROADCAST DATE

3 March 2021

LEARNING OUTCOMES

Attendees will learn about Older Law issues including:

• Residential Care Subsidy & Loans
• Gifting
• Enduring Powers of Attorney
• Ordinary Powers of Attorney
• Complex Wills/Intestacies
• Trusts
• New Zealand Superannuation – including Pensions and Portability
• Capacity Issues
• Occupational Rights Agreements/Licences to Occupy

SUITED TO

Solicitors and legal executives

PRESENTERS

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law

Theresa Donnelly, Legal Services Manager, Perpetual Guardian