LawSense Navigating Substitute Decision Makers NSW – Powers, Documentation & Removal

Live Online & Recorded – Learn from NCAT & Expert Aged Care Legal Practitioners

DateTwo Sessions:
Session 1 - 14 November 2023
Session 2 - 21 November 2023
TimeEach session - 12.00pm-2.30pm AEDT (Sydney time)
VenueLive Online with Recording
Recording available for viewing until 21 December 2023
(price includes gst)
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9.00       LawSense Welcome

9.10       Chairperson’s Remarks

Member Anne Britton, Deputy President, Head of Guardianship Division, NSW Civil and Administrative Tribunal (NCAT)

9.15   Substitute Decision Makers: Clarifying Powers and Documentation Required

  • When do you need a substitute decision maker?  Basic principles of financial and healthcare decision making
  • Outlining the current range of appointed substitute decision makers
  • Examining the different types of documents including:
    • Power of Attorney
    • Enduring Power of Attorney
    • Enduring Guardian
    • Tribunal appointments
  • Exploring practical issues:
    • documents from different jurisdictions
    • where there is more than one decision maker
    • restrictive practices
    • managing conflict between different substitute decision makers
    • where there is no substitute decision maker appointed
    • where guardianship documents conflict

Lucinda Smith, Partner, Thomson Geer Lawyers

10.15    Break

10.30    Advance Care Directives: Understanding the Scope of Your Current Obligations and Navigating Grey Areas

  • Outlining key legislative and common law updates on the requirements of a valid advance care directive
  • Managing advance care planning issues – reviewing best practice and guidelines
  • Understanding revocation of advance care directives
  • What should you do if you suspect that an advance care directive is invalid due to lack of capacity or duress at the time of grant?
  • Dealing with provisions in directives regarding not giving nutrition or non-resuscitation and other end-of-life decisions
  • Managing disagreements from family or other substitute decision-makers regarding advance care directives
  • Practical tips in managing advance care directives

Alison Choy Flannigan, Partner, Hall & Wilcox Lawyers

11.30    Break

11.45    Navigating Applications for Appointment or Removal of Substitute Decision Makers by Aged Care Facilities – When Should You Act and Avoiding Pitfalls

  • Examining circumstances where a facility may have to make an application for the appointment or removal of a substitute decision maker
  • Identifying the key matters to consider in deciding whether to make an application
  • Understanding the role and expectations of the Tribunal
  • Reviewing key steps in making the application
  • Understanding the evidence required to support a successful application
  • Effectively managing applications, families and other stakeholders to avoid pitfalls

Julia Abrahams, Chief Counsel, Catholic Healthcare

12.45    Close

Deanna McMaster provides practical, timely advice about statutory regimes and safety systems, working closely with clients nationally. Deanna often helps manage the immediate aftermath of an incident, and the investigations that may follow. Having acted for numerous regulators, Deanna understands both sides of the enforcement process.
Libby Pallot has significant experience advising clients across the health, aged care and social and community sectors. She regularly presents on employment issues including dealing with ill and injured employees and has previously spent nine years as a Board member of Uniting AgeWell (Victoria and Tasmania).
Tim Longwill has specialised in the Aged Care sector for more than 15 years. His practice concentrates on assisting the industry find commercial pathways through laws which impact on the provision of care in residential and home settings. In addition to assisting clients to establish and operate aged care operations, Tim has been involved in many of the landmark industrial relations decisions in the last decade. Tim acts for private, church and charitable and government clients and has a thorough understanding of all aspects of the provision of aged care.
Lindy Richardson advises on employment law, with a particular focus on industrial relations, employment, anti-discrimination and work health and safety law. She has significant experience in all employment-related litigation, including before the Fair Work Commission, the Federal Court, the Federal Circuit (and Family) Court of Australia and VCAT. She has advised clients from the private sector and from all levels of government in both Victoria and New South Wales. Lindy is recommended by the Legal 500 Asia Pacific (2023) Guide for her work in Labour & Employment.

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