Acting for Subject Persons is a fast growing area of law. This is the result of an aging population and the fact that a larger number of young people are requiring the assistance of lawyers. This On Demand seminar covers a number of the central issues facing practitioners in this role including the crucial question of capacity, statutory duties, dealing with the Court, as well as the responsibilities of property managers and welfare guardians.
- Understand better the requirements of section 65, the application process for the lawyer for Subject Person, when it is appropriate to appoint a lawyer to assist and, from a practical perspective, how best to deal with historic issues of incompetence, self-litigants and the duties to keep the Court informed.
- Learn more about the central issue of capacity and the role of the psychiatrist/specialist in assessing it, the definition of thresholds, wholly and partially diminished capacity, and the traps and red flags to be aware of in interviews with clients.
- Gain insights into the role of property managers and welfare guardians, the powers that come with the appointment and the difficulties that often arise.
Who should view?
All lawyers who act for Subject Persons and those who wish to expand their practices to include this area of law. Family and mental health lawyers may also find the seminar useful.
Access details will be delivered via email within 15 minutes.
Dr Jane Casey
Jane is a General Adult and Old Age Psychiatrist, Honorary Senior Lecturer at Auckland University and the Bi-National Chair in the Faculty of Psychiatry of Old Age, RANZCP. Capacity is an area of special interest with experience in expert opinion in clinical and legal settings.
Alan has been practising as a Barrister Sole in Wyndham Chambers, a specialist family law chambers, since 2004.
He has, throughout his career, maintained an interest in family and elder law and this has been a significant part of his practice from 1989 when the Protection and Personal Property Rights Act came into force.
He has been appointed by the Courts as Lawyer for the Subject Person under Section 65 of the Act and also on occasions as Counsel to assist the Court. He has also acted for parties initiating proceedings and parties otherwise taking part in the proceedings as person directed to be served.
He has sat on committees with a family law and elder law focus including N ZLS’ and ADLS’ committees.
Kieran J Nally
Andrew was admitted as a barrister and solicitor in 1994. He has been in practice for over 20 years in both provincial New Zealand and Auckland and has been practising as a barrister since 2003.
Andrew’s practice covers all areas of family law and he has extensive experience in the field of elder law and in proceedings under the Protection of Personal and Property Rights Act involving vulnerable adults.
Andrew is also experienced in issues involving mental health, intellectual disability and estates.
He is regularly appointed by the Family Court to act as lawyer for the subject person, lawyer for the care recipient and lawyer for child and also regularly acts as Counsel in mental health matters.