June 18, 2019 all-day
Cliftons Sydney
10 Spring St
Sydney NSW 2000
Legalwise Seminars

Aged Care and Retirement Village Law Conference
Tuesday, 18 June 2019
9.00am to 5.15pm
Cliftons, Level 3, 10 Spring Street, Sydney NSW 2000

2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and privacy law are changing, and there are important shifts in integration and funding issues. Then you have the many risks in personal injuries, estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the information and strategies necessary to handle any issues that may arise so you can get the best result for your organisation or clients.

Chair: Guy Vinden, Head of Aged Care, Health and Retirement Villages, Atkinson Vinden Lawyers; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018

Session 1: Navigating Resident Risks and the Role of Providers 196N01A
9.00am to 1.15pm $490

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50am
Royal Commission Update: Key Takeaways You Need to Know
• Background and update of Commission hearing
• Issues and themes identified
• Potential outcomes and recommendations
• The practical impact on your clients, practice or organisation
Presented by Lucinda Smith, Partner, Thomson Geer; Preeminent Health & Aged Care Lawyer, Doyle’s Guide 2018

9.50am to 10.35am
Elder Abuse: Legislative Insights, Care Issues and Remedies
• Insights into the Aged Care Act
• A critical perspective on some of the major provisions and omissions
• Poor care
• Unlawful restraint
• An analysis of the remedies and recourse available
Presented by Rodney Lewis, Elderlaw; author, Elder Law in Australia, LexisNexis

10.35am to 11.20am
Personal Injury in the Retirement Village and Aged Care Context
• Civil litigation and personal redress
• The latest cases dealing with standard of care and breach
• Risk management: practical guidance
Presented by Sybilla Waring-Lambert, Partner; Recommended Public & Product Liability Lawyer, Doyle’s Guide 2017 and Amanda Seguna, Senior Associate, Lander & Rogers

11.20am to 11.35am Morning Tea

11.35am to 12.20pm
Wills and Estates: Capacity, Undue Influence and Technology
• Capacity to make decisions including financial management, driving capacity, accommodation, lifestyle and medical care
• Answering capacity and undue influence issues through technology
• Videoing and electronic wills
• Disruptive changes
Presented by Michael Bennett, Barrister, Thirteen Wentworth Chambers

12.20pm to 1.05pm
Professional Skils
All About the Protective List of the Supreme Court of NSW
• Applications for protected estate management orders
• Appeals from the Guardianship Division of NCAT: how and why
• Property disputes and the role of ‘family’ and ‘carers’
• Recent interesting and relevant cases
• What you need to know about Costs Orders
• What you should know on List Day
Presented by Kim Boettcher, Barrister, Frederick Jordan Chambers

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair

Session 2: Managing Privacy, Financial and Funding Issues 196N01B
2.00pm to 5.15pm $490

2.00pm to 3.00pm
Privacy, Recording and Data Security
• Privacy and data security: new updates
• Running aged care facilities in the surveillance age
• Who has what privacy rights in an aged care facility and how do you manage them?
• Recording staff or residents: monitoring staff and preventing elder abuse
Presented by Jessica Kinny, Principal, Kinny Legal; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018

3.00pm to 4.00pm
Convergence and Seniors Living – Time to Stop Talking Silos
• Government and legislative responses to the emerging issue of integration
• What are the barriers between the legislative frameworks
• The role and powers of resident’s decision makers
• Integration: home care / retirement villages / residential aged care
• Emerging models and financial tools
Presented by Arthur Koumoukelis, Partner, Thomson Geer; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm
Residential Care and Funding
• The transition to care and the family conversation
• Estate documents, the implications of moving to residential care
• Funding care: pension loans and equity release
• Capacity issues and SMSFs
• Contracts: residential care and independent living (retirement villages)
• Key elements to review in residential and retirement contracts with your clients
• How loss of capacity can affect couples with an SMSF or a lack of estate documentation
• The importance of family engagement in transitions to care
• Considerations about alternate sources of funding for residential care
Presented by Andrew Keay, Director, Aged Care Planners

Attend and earn 7 CPD units including:
6.5 units in Substantive Law
0.5 units in Professional Skills

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