Elder Law: capacity, mediation, abuse and aged care
Course ID CN200327_WEP1
Every lawyer should be aware how the law is relevant to an ageing community. As this groups needs and issues have grown and become more complex, so too have the responsibilities of professionals when dealing with such clients.
This program will examine issues of capacity when preparing substitute decision making instruments, aged care facilities, mediation and the role of a practitioner when elder abuse is present.
The speakers include:
- Sue Field, Adjunct Associate Professor, Western Sydney University
- Karen Williams, Barrister and manager, Guardianship team, ADA Australia, Brisbane
- Professor Susan Kurrle, Director, Cognitive Decline Partnership Centre, Faculty of Medicine and Health, The University of Sydney
- Rodney Lewis, Senior Solicitor, Elderlaw Legal Services
- Linden Barnes, Senior Ethics Solicitor, The Law Society of New South Wales
Full Price $480.00
Alumni/Member Price $432.00
03 March 2020
03 March 2020
12.30pm - 5.20pm
The College of Law,
Level 16, 111 Elizabeth Street,
Sydney, NSW 2000
About This Course
12.45pm: Mental capacity and the pitfalls for solicitors when dealing with substitute decision making instruments Speaker: Sue Field, Adjunct Associate Professor, Western Sydney University
- Definition of mental capacity
- The role of the solicitor in assessing mental capacity
- When does the solicitor’s role change
- Pitfalls to avoid when preparing substitute decision making instruments
1.40pm: Mediation in elder law Speaker: Karen Williams, Barrister and manager, Guardianship team, ADA Australia, Brisbane
- What is the cohesive approach to elder mediation?
- Decision-making for specialist aged care accommodation
- Financial decisions around investments to protect benefits
- Healthcare related to ageing and end of life decision-making
2.30pm: Afternoon tea and networking opportunity
2.45pm: Elder abuse Speaker: Professor Susan Kurrle, Director, Cognitive Decline Partnership Centre, Faculty of Medicine and Health, The University of Sydney
- Elder mistreatment and mental health – how psychological abuse can render the person with feelings of marginality, vulnerability and incompetence.
- The social perception of mistreatment and adaption in later life
- Development of elder abuse awareness in a social, legal and medical context
3.40pm: Aged care facilities Speaker: Rodney Lewis, Senior Solicitor, Elderlaw Legal Services
- The legislative framework
- How the client is assessed for residential aged care?
- Summary of costs and fees
- The agreement
- Additional factors to be aware of when advising a client (or their families)
4.30pm: Ethical issues confronting elder law practitioners Speaker: Linden Barnes, Senior Ethics Solicitor, The Law Society of NSW
- The important role that lawyers play in promoting the autonomy of vulnerable older clients
- The responsibility a lawyer is given when taking instructions from at risk-elders
- Practitioner tips and traps for professional conduct
This seminar is ideal for solicitors in generate practice, lawyers and specialists in commercial law, elder law, wills and estates, property law, medico law, estate planning specialists, probate lawyers and staff, family law practitioners and financial witnesses.
The program covers the mandatory requirements of Professional Skills, ethics and professional responsibility and Substantive law.
Sue Field is an Adjunct Associate Professor at Charles Sturt University, a Research Fellow at the University of Western Australia and an Adjunct Fellow in Elder Law at Western Sydney University where for the past fourteen years she has taught elder law to undergraduate law students. Sue is a Lead Investigator with the Cognitive Decline Partnership Centre, Director of the Australian Centre for Elder Law Pty Ltd and a Distinguished Fellow at the Canadian Centre for Elder Law. Sue is co-editor of the Elder Law Review, the only refereed elder law journal in Australia. Currently Sue is working on a co-authored text on elder law for the layperson and co-editing a text on elder law for professionals working in this area. Sue is a member of the Australian Law Reform Commission Advisory Committee for the Inquiry into Elder Abuse.
Karen Williams, Barrister and manager, Guardianship team, ADA Australia, Brisbane
Karen Williams is a Social Worker, Manager and a Lawyer, with more than 20 years’ experience in the health and mental health sector. Karen has 10 years’ experience as a lawyer, with an interest in legal matters concerning people who have had their capacity questioned. This gives her experience in aged, mental health and disability law. In 2015, Karen was awarded a National Disability Award for advocacy, in recognition of her work in the sector. Karen is currently retained as the Manager of the Human Rights Service in ADA Australia; a team that assists more than 200 people each year with their guardianship, financial management or enduring power of attorney issues.
Professor Susan Kurrle, Director, Cognitive Decline Partnership Centre, Faculty of Medicine and Health, University of Sydney
Professor Susan Kurrle was awarded the NHMRC grant to lead the $25 million NHMRC Partnership Centre on Dealing with Cognitive and Related Functional Decline in Older People (NHMRC 9100000, CDPC) in 2012. She and her Directorate team at the University of Sydney coordinate the CDPC teams of consumers, clinicians, health and aged care providers, and researchers across Australia. The CDPC focusses on research and implementation projects dealing particularly with the care aspect of dementia and related functional decline and has funded 32 research and implementation projects across Australia through partnership with the NHMRC, Dementia Australia, Brightwater Care Group, HammondCare, and Helping Hand Aged Care.
Rodney Lewis, Senior Solicitor, Elderlaw Legal Services
Rodney Lewis has practised as a solicitor since 1969 and has had a historically significant career. Rodney has always focused on human rights, starting as a trial reporter for the International Commission of Jurists in internationally notable cases. He instructed Senior Counsel in the Balibo Five Inquest and recommended that two Indonesian Special Forces members be charged with the murder of five Australians. Rodney has established a practice specialising in elder law, and published articles and books and presented seminars and lectures at Western Sydney University on the topic.
Linden Barnes, Senior Ethics Solicitor, The Law Society of NSW
Linden has been an ethics solicitor for almost a decade now, speaking, writing and answering ethics conundrums. Linden previously practised in insurance law and general inhouse law/banking & finance law.
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