There is an increasing recognition of elder law as a key area of speciality for practitioners. Combined with policy development and reviews of key pieces of legislation impacting older people, there is no better time to attend this year’s one-day Elder Law Conference.
The conference, held in Wellington and online, will cover recent case law, papers and commentary from thought leaders on the many areas of law that impact elder law.
The breadth of knowledge required to practice in elder law is one of the reasons the area is so vibrant and fascinating, says conference chair Theresa Donnelly.
A recent report into aged care in New Zealand found that there is already a shortage of suitable care for older people and the country will have a short fall of about 26,000 beds by 2046. In just eight years, New Zealand is expected to be 12,000 beds short.
Legal protection for older people is also in focus with the Law Commission recommending that Protection of Personal and Property Rights Act (1988) be replaced and the Government proposed strengthening of the Retirement Villages Act 2003.
Theresa says lawyers practicing elder law need to be experts in a wide range of interlinking subject matters including trusts and estates, family law, relationship property, capacity, undue influence and be experts in identifying and addressing potential conflicts of interest.
“They also need a high level of EQ to deal with complex issues such as blended families and spouses finding it difficult dealing with a loved one with challenging capacity issues,” she says.
Many people accumulate millions of dollars of wealth over their lifetimes, and they need advice on how to manage it when they lose capacity, says Theresa.
Lawyers need to be able to answer questions such as: How does my client know if they have the right person to be their power of attorney? If dad’s money has been misappropriated, how do we get it back? How do I spot incapacity issues in my client? What if undue influence is claimed? How can families deal with appropriate housing for mum and dad? As well as dealing with novel issues such as questions around the validity of a marriage when capacity is at stake.
“The nature of the work is exciting and incredibly rewarding,” she says. “You have the opportunity to support vulnerable people who, in some cases, also have a lot of assets that are potentially exposed.”
Theresa encourages any lawyers interested in elder law to attend the conference.
It’s not too late to enrol for the conference. Find out more and enrol now.