If only age was just a number. Alas, as young as we feel, things do change as we get older and retirement is increasingly spanning decades rather than years. As New Zealand’s population ages and life expectancy increases, legal practitioners are encountering new challenges in advising older clients. The legal landscape is evolving rapidly, with more people living longer, managing complex asset structures, and requiring legal protections that were not considered essential a generation ago.

Elder law is no niche area of law. In fact, with demographic change it is expanding, and it cuts across almost every aspect of legal practice, says Vicki Ammundsen, Chair of the upcoming Elder Law Conference.

“Elder law is almost a misnomer. Apart from child-focused matters, this area of law touches on nearly everything, from property, trusts, financial planning, estate law, family law. Any lawyer advising clients of different ages is, in some way, practising elder law.”

With new models of homeownership, shifting family dynamics, and a legal system still catching up to the realities of an ageing population, the need for legal expertise in this area has never been greater.

This year’s Elder Law Conference, presented by Continuing Legal Education (CLE), aims to provide lawyers with up-to-date, practical advice on key issues affecting older clients. Lawyers today must be aware of the legal requirements and complexities unique to this demographic, whether advising on wills, property transactions, retirement village agreements, enduring powers of attorney, estate planning or financial protections.

A population living longer – and differently

New Zealand’s ageing population is reshaping what we consider retirement and later life look like. Where past generations may have retired at 65 and often lived for only a decade or so afterward, today’s retirees are increasingly living well into their 90s. Some are continuing to work, while others are finding new ways to structure their housing and assets, while getting on with life.

New Zealand’s Retirement Commissioner Jane Wrightson says this shift has significant financial and legal implications.

“New Zealand’s Super is designed around the idea that retirees either own a mortgage-free home or live in affordable social housing. But this assumption is now under considerable threat. More retirees are still paying off mortgages or renting, meaning they need to keep working longer.”

This raises critical legal questions for practitioners advising older clients. How can assets be structured to support a longer retirement? What protections are in place for those renting in later life? And how can families balance financial security with the increasing costs of care?

Kristine King, deputy chair of the Law Society’s Property Law Section, says these challenges require a long-term, strategic approach. “You may end up retired longer than you ever worked productively.”

Retirement is no longer just a short phase of life before death, and that changes everything, says King, like how they manage assets, plan for care, and structure their estate.

“It’s not just retire and plan for death. We’re now retiring and planning long-term for life.” But that requires strategic long-term thinking, because people need to potentially plan for decades without income.

This extended retirement period means lawyers may need to change their mindset around retirement and be prepared to assist clients with ongoing financial decisions, potential incapacity issues and family disputes over property and inheritance.

This is not to mention the challenges of practising law in an increasingly digital world. Sixty five years ago, there was no such thing as a personal computer, cell phone, Wi-Fi. And while they are technological feats, many people struggle with technology.

“We’ve seen law changes that allow for transactions to be completed entirely online,” King says. “That’s great for younger people, but how do you explain biometric ID verification to an 85-year-old who doesn’t even have an email address?”

As always, lawyers must be adaptable to their clients’ needs.

Retirement villages and the need for legal protections

One of the most pressing issues in elder law today is the ongoing review of the Retirement Villages Act, which is now over 20 years old. Currently, retirement village residents exist in a legal grey area, not quite homeowners, not quite tenants, leading to power imbalances between residents and operators.

Wrightson, has been pushing for an update to the legislation, recognising that current laws do not adequately protect residents. “Consumer protection in this space is weak. Operators have far more power than residents, and the complaints process is inadequate. We need better dispute resolution mechanisms and more transparency around costs.”

With over 11,000 submissions on the proposed legislative changes, this is an area where lawyers must stay informed. Those advising clients moving into retirement villages will need to understand the latest legal developments and the potential risks their clients face.

In a media release last October, Associate Minister of Housing Tama Potaka said he expects to seek Cabinet sign-off on the review in 2026, and any amendment bill will likely be introduced in the next Parliamentary term.

Retirement village agreements are increasingly complex, says Ammundsen. Different clients require different levels of care, refundable accommodation deposits and blended family considerations. Lawyers must ensure that clients fully understand the financial and legal implications before signing.

“Clients must be aware of what they’re entering into,” says Ammundsen. “Are they getting an occupation right agreement? Are they paying for additional care services? If they’re in a blended family, how does that impact inheritance? These are all key legal considerations.”

For lawyers, staying up to date on the latest retirement village regulations is not just best practice, it is an ethical obligation to ensure their clients are making informed decisions.

Capacity and elder abuse: recognising the warning signs

One of the most critical responsibilities lawyers have when working with older clients is assessing mental capacity. With increasing life expectancy, more clients are experiencing cognitive decline, raising complex legal questions about decision-making and financial control.

Ammundsen warns that many lawyers may not realise they are already performing informal capacity assessments every day.

“Every time you interact with a client, you’re assessing their capacity, whether consciously or not. You look for cues, inconsistencies, or signs that they may not fully understand the transaction, or the matter being instructed on. Recognising when formal assessments are necessary is a key skill for any lawyer.”

Beyond capacity, another major risk facing older clients is financial elder abuse. This can range from coercion by family members to outright financial exploitation. Wrightson believes lawyers are in a prime position to recognise and prevent abuse.

“Financial service providers and lawyers can monitor for signs of abuse. Often, victims feel too embarrassed or powerless to speak up. Lawyers should be proactive in ensuring their clients’ interests are being protected.”

The Elder Law Conference will include a session specifically on elder abuse detection and response, helping lawyers develop skills to identify and intervene in cases of financial or emotional abuse.

Estate planning, elder abuse and enduring powers of attorney

Lawyers play a crucial role in helping clients prepare for retirement, not just through estate planning but also in financial protection and preventing elder abuse. Wrightson sees an opportunity for legal professionals to better integrate financial discussions into their client interactions.

“There’s a tendency for lawyers to say, ‘I’m not a financial advisor,’” Wrightson says. “But they’re often in the best position to raise awareness about financial planning and asset protection.” For example, when drafting wills or enduring powers of attorney (EPAs), lawyers can encourage clients to think about their long-term financial security and seek professional financial advice.

King says why proper EPAs are becoming increasingly crucial. “A well-drafted EPA ensures that if someone loses capacity, the right people are making decisions for them. Without it, families can face costly and stressful legal battles.”

At the Elder Law Conference, sessions will explore best practices for EPAs, estate planning in later life, and how to handle disputes when they arise.

Why lawyers should attend the Elder Law Conference

For lawyers who advise older clients in any capacity, this year’s Elder Law Conference by CLE is an invaluable opportunity to stay informed on recent developments, refine key legal skills, and gain practical strategies for managing complex elder law issues.

“Any lawyer with ageing clients will encounter elder law issues,” says Ammundsen. “Whether it’s property transactions, financial management, or estate disputes, these cases require specialist knowledge. The more we understand, the better we can serve our clients.”

With longer retirements, evolving legal protections, and increasing risks of financial abuse, elder law is a growing and essential part of modern legal practice. By attending this conference, lawyers can ensure they are equipped to navigate the complexities of advising older clients – now and in the future.

The Elder Law Conference

Date: 28 May, 9.00am – 5.00pm

CPD hours: 6.5

Format: In-Person & Online

Fee: $755 – $1,205 (Law Society Members receive 30% off)

Register online at www.lawyerseducation.co.nz