This full-day intensive program is specifically tailored to elder law, wills and estate planning practitioners. Experts specialising in this area cover many of the issues that you might face in your day-to-day practice. You will gain knowledge of the most current laws and cases and an expanded skill set, and 6 CPD units.  

This program complies with Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 under the Legal Profession Uniform Law requirements of Ethics and Professional Responsibility, Practice Management and Business Skills, Professional Skills, and Substantive Law.

Client management and capacity concerns – Tanya Chapman, Senior Associate, Turner Freeman Lawyers
When dealing with older clients who may have capacity issues, a solicitor should take special care to identify and manage the client relationship and to assess and record the client’s capacity. In this session we will look at:

• Correctly identifying the client.
• Assessing the client’s capacity.
• The importance of file notes.
• Obligations when circumstances or capacity change.
• The role of the solicitor in identifying and prevent elder abuse.
• Following instructions vs advising your client.

The collision of death and taxes – Mimi Su, Principal Lawyer, Private Clients – Wills & Estates, Macpherson Kelley
Australia is a jurisdiction that has long abolished death duties or inheritance taxes, but there are some instances in a deceased estate where taxation will be triggered and often inadvertently. This presentation will cover multiple examples in an estate where taxation may be triggered unknowingly or unwittingly, and the tax planning opportunities to combat these challenges.

Legal ethics for elder law, wills and estates practitioners – Paul Monaghan, Senior Ethics Solicitor, Law Society of NSW
This session will present common scenarios in the area of elder law, wills and estates, focusing on:

• An overview of the ethical and regulatory frameworks for legal practice.
• Duties to the Court, the client and the profession in this context.
• Meeting ethical obligations in regard to AI.
• Managing new ethical issues relating to AML.
  
  

The Aged Care Act: ‘To whom do the penalty units apply, they apply to thee’ – Sue Field, Adjunct Professor, School of Law, University of New England; Adjunct Associate Professor, Centre for Law and Justice, Charles Sturt University
Underpinning the Aged Care 2024 (Cth) is a rights based approach which can be found inter alia in the Code of Conduct for Aged Care and the Statement of Principles:

• There are penalty units for non-compliance.
• Penalty units range from 30 to 4,800.
• Penalty units apply to governing bodies, registered providers and aged care workers (which include volunteers).
• The Aged Care Quality and Safety Commission has the power to ensure compliance and enforce action against non-compliance.

This session will examine the application of the Act.

Changing minds: Family, identity, and decision-making in older adulthood – Anna Fischer, Wellbeing Manager, Law Society of NSW
This session will address the psychosocial considerations of ageing. Our sense of identity often changes dramatically as we age, and this frequently brings about significant alterations to our priorities and decision-making processes. Family dynamics also evolve generationally, meaning that interpersonal factors often influence us differently in later life epochs than they would have in our earlier years. In order to provide meaningful and attuned legal services to elderly clients, it's paramount that we understand satisfaction, safety, and psychosocial wellbeing from the perspectives of ageing persons. 

Understanding testamentary trusts – Stephen Lynch, Director, Somerville Legal
Testamentary trusts are an important tool for any solicitor providing estate planning services. However, before incorporating them into your practice, it is essential to understand the principles involved in testamentary trusts, the consequences of errors, and the dangers of a ‘one size fits all’ approach. Topics covered in this session will include:

• Testamentary trusts – the essentials, including advantages and disadvantages.
• Testamentary trusts in practice.
• Tips and pitfalls in drafting.
• Tax implications.
• Capacity/knowledge and approval issues.

Tanya Chapman, Senior Associate, Turner Freeman Lawyers
Mimi Su, Principal Lawyer, Private Clients – Wills & Estates, Macpherson Kelley
Paul Monaghan, Senior Ethics Solicitor, The Law Society of NSW
Sue Field, Adjunct Professor, School of Law, University of New England; Adjunct Associate Professor, Centre for Law and Justice, Charles Sturt University,
Anna Fischer, Wellbeing Manager, Law Society of NSW
Stephen Lynch, Director, Somerville Legal

Richard Harvey, Special Counsel, Thornton + King (Chair)
Diane Skapinker, Principal, Skapinker Law
Gary Newton, Partner, HWLE Lawyers
Mark Smith, Principal, Brander Smith McKnight
Danielle Francis, Senior Associate, Chambers Russell Lawyers
Linden Barnes, Senior Ethics Solicitor, Law Society of NSW
Carol Prasad, Professional Support Solicitor (AML), Law Society of NSW