2ND ANNUAL AGED CARE LAW AND RETIREMENT VILLAGE CONFERENCE
Date: Tuesday 7 June 2016 Time: 9.00am to 5.15pm Venue: Primus Hotel Sydney, 339 Pitt St Sydney Attend and earn 7 CPD units in Substantive Law In just over a decade a quarter of Australia's population will be 65 or older. As the aged care industry explodes and undergoes rapid change so too does aged care law. Legal practitioners and providers alike can keep up to date with this seminar's diverse array of critically important topics. SESSION 1: Care Issues for Residents and Providers Chair: Lucinda Smith, Partner, Thomson Geer Capacity Issues: A Resident's Right to Choose
The law surrounding resident capacity
Understanding dementia
Legal issues of resident decision-making:
Risk-taking, associations and sexual activity
Financial decisions and contractual arrangements
Trustees and powers of attorney
Presented by Kim Boettcher, Solicitor, Seniors Rights Service Panel Discussion Disputes Involving Residents, Family and Providers
Care and medication issues involving family or GPs
Financial disputes concerning family members
Elder abuse: obligations and risks
Panellists: Kim Boettcher, Solicitor, Seniors Rights Service; Alison Choy Flannigan, Partner, Holman Webb; Leon Michael Shohmelian, Principal, Shohmelian Legal Advance Care Directives
Palliative care: key principles and legislation
Advanced care planning: Potential risks and pitfalls
The assessment process and documentation considerations
When family or a GP opposes advanced care planning
Presented by Alison Choy Flannigan, Partner, Holman Webb Elderly Care and Medical Negligence Claims
Standards related to aged care
Recent case law, trends and developments
Presented by Brit Mainhoff, Partner, HWL Ebsworth Ending a Residence
Care issues necessitating a change
Behaviour threatening the safety of staff and other residents
Residents who cannot pay fees: rights, obligations and guarantees
Presented by Leon Michael Shohmelian, Principal, Shohmelian Legal; Member, Retirement Village Advisory Council to the Minister for Fair Trading in NSW SESSION 2: Key Financial Issues and Trends Chair: Bruce Bailey, Partner, National Head of Aged Care, RSM Consumer Directed Care in Home and Community Care: New Rules, Trends and Issues
The new legislative regime February 2017
Updates and latest trends in home care roll out
Future changes and upcoming considerations
CDC in home care arrangements
Where funding is held by a provider and a consumer asks for part of it to be given to a third-party
Presented by Arthur Koumoukelis, Partner, Gadens Financial Issues in Residential Aged Care
The easy part: standard resident contribution and extra service fees
The financial background: the age pension means test
The tricky part 1: refundable accommodation deposit (RAD) and the daily equivalent (DAP)
The tricky part 2: means tested care fee (MTCF)
Via the means tested amount and the actual cost of care
The magic number: maximum accommodation supplement amount (MASA)
May vary with changes in the resident's financial circumstances and care needs
The residence agreement and the refund
Presented by Richard McCullagh, Solicitor, Patrick McHugh & Co; author, Retirement Villages Law in NSW, Chapter 18, Moving into Residential Aged Care, Thomson Reuters Emerging Trends, Enterprise Agreements and the Aged Care Sector
Consolidation trends and the future of aged care
Making an Enterprise Agreement, including good faith bargaining obligations and tips for negotiations
The interrelationship between the Enterprise Agreement and relevant Awards
'Must have' clauses in Enterprise Agreements
Applications to set aside an Enterprise Agreement
Presented by Karl Rozenbergs, Partner, Hall & Wilcox