The Law Association of New Zealand

PPPR Act: Principles & Practice – Agency & Over-Entitlement (2024) (On Demand)

This On Demand was originally recorded on 12 November 2024.

Proceedings under the Protection of Personal and Property Rights Act often involve disputes between the subject person’s children and family members as to care arrangements and the management of financial affairs. The difficult PPPR cases can involve complex legal and practical issues including estrangement, abuse, undue influence, separation/dissolution, capacity, payment of care costs, and family dysfunction. There is a myriad of challenges for practitioners in the PPPR space, who have to get to grips with them at speed and under scrutiny from wider family and the Court.

This On Demand will examine principles and practice through case studies based on real-life examples.  The experienced presenters will review the types of issues that come across your desks and proffer practical solutions. The session is aimed at engaging participants in the philosophy underlying the Act with a view to providing a holistic and principled perspective, so participants can deal with novel situations appropriately.

Viewers will also benefit from viewing a video from Consultant Psychiatrist and Psychogeriatrician Dr Jane Casey.  

Viewers will be supplied with a well-developed resource kit and materials to add to their toolbox, including the PPPR Handbook.

Learning Outcomes

  • Refresh your understanding of the philosophy underlying the PPPR Act, with a view to gaining a holistic and principled perspective, so you can address novel issues.
  • Develop a better appreciation of the range of issues relating to capacity assessments, from Dr Jane Casey’s video content. 
  • Improve your understanding of how to interact with Lawyer for Subject Person, including the new guidelines.
  • Delve into myriad difficult practical issues around PPPR matters.
  • Consolidate your knowledge of PPPR matters through real-life examples relating to agency and to difficult concepts and principles (including applications under s 60, how to get creative to attain appropriate orders, and how to manage problems with enforcing orders).

Who Should Watch?

All lawyers working in the PPPR space or interested in practising in this area.

Presenters

Theresa Donnelly, Legal Services Manager, Perpetual Guardian 

Alan Gluestein, Barrister, Wyndham Chambers

Alan Gluestein

Alan joined specialist family law chambers, Wyndham Chambers in 2002, having practised as a sole practitioner in Parnell for many years as a general practitioner but with a focus on family law and in particular child law and elder law.

Alan has had a particular interest in proceedings under the Protection of Personal and Property Rights Act 1988 and has regularly been appointed as lawyer for the subject person and lawyer to assist the court from the time the Act came into force in 1989.

Alan has had extensive experience in representing parties to proceedings under the Act including applicants, family members, managers, and welfare guardians.  He has prepared many papers relating to proceedings under the Act and has presented at many seminars and workshops.  

Alan has had a particular interest in the role of lawyers appointed by the court to represent persons subject to the Act.

He is passionate about this area of the law and is still learning.


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Theresa Donnelly

Theresa graduated from Auckland University in 1992 and has a wealth of experience in Elder Law and Trust-related matters. Theresa was formerly from Public Trust (Senior Solicitor and Team Leader) and the Ministry of Social Development where she was lead Senior in the Public Law Team, working with Parliamentary Counsel, Older People’s Policy and the Office of Senior Citizens. Theresa worked on the 2017 changes to the EPA forms. She is a regular presenter to professional groups such as TLANZ, NZLS, CCH, STEP, and Legalwise, and is known for her practical approach.

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Details

CPD Hours: 2.00hr

Pricing Details

Ticket Price

Member: $195 GST

Non member: $275 GST

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