July 2022

Eighteen (18) – Capacity to Make a Will, but will you?

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This blog has been co-written by Sandra Arsenault, Law Clerk at Fasken LLP and Kassandra Douglas, Durham College Law Clerk Co-op Student at Fasken LLP At 18 years of age, you are allowed to vote in Canada, and chances are, you have had exposure to politics growing up. You likely have some knowledge of how to vote and what to base your vote on. But did you know, at 18,….

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Estate Administration, Estate Planning, Executors, Wills

Attorneys Gone Bad: Fraud and the Power of Attorney for Property

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management “Fraud is the most frequently reported banking issue across all age groups.”[1] In 2021 more than 100,000 cases of fraud were reported by the Canadian Anti-Fraud Centre with over $380 million dollars lost.[2] These numbers only account for those instances that were reported. The Ombudsman for Banking Services and Investments (“OBSI”) is a national, independent and….

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Power of Attorney

Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition

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In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD…..

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Capacity Law, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Powers Of Attorney and Guardianship Disputes, Succession Planning

Nova Scotia, Home to Many Older Canadians…..

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My batteries are recharged!!! I enjoyed a wonderful week in Nova Scotia, appreciating the beautiful views from Cabot Cape Breton. Walking the Links with a local caddy I asked how older Nova Scotians typically fare and asked about residences and home care.  He shared that many locals have large families (he has 90 first cousins) and they ‘look after their own’. This is a good thing because: “About 22 per….

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Uncategorized

Charitable Prizes

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When Lindbergh flew from New York to Paris in 1927, it was inspired by the $25,000 Orteig Prize. Also in the 1920s, when the International Math Union wanted to honour under 40-year-old rising mathematicians, Toronto math superstar J.C. Fields (under)funded a medal that has been awarded ever since. Since the 19th century, charitable prizes have been a way to recognize accomplishments and create change by providing incentives to achieve the….

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Estate Donations, Philanthropy/Charitable Giving

Too Ill to Make a Will: three practical tips for surviving deathbed retainers

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A Dead Give-Away Did you know that deathbed wills are the original will? In medieval Europe, for all but those in high society, will-making was synonymous with efforts right before death. Luckily, this type of estate planning is no longer the status quo. However, deathbed wills have persisted as a reality of life to this date. So what should drafting solicitors keep in mind when they get the dreaded phone….

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Disability, Elder Law, Estate Planning, Uncategorized
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