Current Issues in elder law

Course ID CN170219_WEP1

  • Face to Face
  • 3
  • Foundation
  • 3 CPD POINTS

Elder Law issues are more topical than ever before. Leading elder law experts will demystify powers of attorney for elders, Guardianship and Granny Flats, as well as highlighting the need for planning for the end of life.

College of Law Alumni and Law Society Members receive a 10% discount on the price.

Price

Full Price $360.00

Alumni/Member Price $324.00

Dates

Time:

1pm - 4.15pm

Location:

The College of Law 
Level 16, St James Centre
111 Elizabeth Street
Sydney NSW 2000

About This Course

Outline

1.00pm - 2.00pm

Powers of attorney for elders

Speaker: Richard McCullagh, Solicitor, Retirement Village Lawyer and Lecturer College of Law LLM

This session will focus on:

  • assessing the principal’s capacity to appoint
  • breach of the attorney’s fiduciary duties
  • minimising risk in the terms of appointment
  • recognising breach
  • minimising loss consequent on breach
  • liability of the principal to third parties
  • liability of the attorney to the principal 

2.00pm - 3.00pm

Granny Flats

Speaker: Richard McCullagh, Solicitor, Retirement Village Lawyer and Lecturer College of Law LLM

This session will focus on:

  • what is a 'granny flat arrangement' for everyday purposes in contrast with Centrelink purposes
  • the challenges in aligning pension entitlements, security of tenure, retrieval of investment and testamentary wishes
  • issues in drafting granny flat agreements, and
  • giving advice when there is no sufficient formal agreement and relations break down.

3.00pm - 3.15pm  Afternoon tea 

 

3.15pm - 4.15pm

Developments in Guardianship

This session will cover:

  • an overview of the Guardianship Division within NCAT;
  • Applications in the Division and recent legislative amendments;
  • The role of Legal practitioners in the Division;
  • Relevant Practice Directions of NCAT; and
  • Recent developments:
    • Case law
    • Proposals for reform of the jurisdiction

 

Designed for

This seminar complies with the mandatory areas of Professional Skills and Substantive Law.

 

Presenters

Richard McCullagh
BA LLB

Richard has practised in the law relating to retirement villages since 1985 for operators, big and small, in-house and externally and for residents, his current focus, moving into retirement villages and aged care facilities.

Richard is the author of ‘Retirement Village Law in NSW’ published by Thomson Reuters, 2013, which includes a chapter on residential aged care facilities.

Richard is a legal director of Patrick McHugh & Co Pty Ltd, solicitors and an adjunct lecturer in Elder Law at The College of Law, Sydney.

Darryl Browne
Darryl Browne is the principal of BROWNE Linkenbagh Legal Services. He is an Accredited Specialist in Wills and Estates.

He is the Chair of the Law Society’s Ethics Committee. He has been a member (2010- 2014, 2016), Chair (2014) and Deputy Chair (2016) of the Elder Law and Succession Committee. He is a Councillor of the Law Society, a member of the Specialist Accreditation Board and the Society’s Future Committee and the Nominations Committee, the Working Group on Future Prospects for Young Graduates and the Working Group on Elder Abuse. He is a member of the Law Council of Australia’s Elder Law and Succession Committee and its Working Group on Elder Abuse. He is a member of the Legal Aid Commission Board and the University of Sydney’s Law Extension Committee.

Darryl writes bi-monthly Case Notes on wills and estates for LSJ and occasional other articles for that and other journals. He facilitates the Law Society’s online Wills and Probate Procedures for Solicitors. He designed and presents the Masterclass on Powers of Attorney. He is a member of STEP and SMSF Association.

The opinions expressed in these papers are his own. Feedback on the papers is most welcome: darryl@browne-link.com.au

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