Dr. Richard Shulman

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Dr. Shulman is a geriatric psychiatrist at Trillium Health Partners and is an associate professor at the University of Toronto. He is medical director of the Capacity Clinic and available for independent medical-legal capacity assessments.

Postponed Power of Attorney for Property and Unforeseen Consequences

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Under the Ontario Substitute Decisions Act[i] (SDA), power of attorney (POA) for property appointments are made through a continuing or postponed POA for property. The continuing POA for property is one that takes effect immediately regardless of the grantor’s capacity to manage property and continues, if needed, through the development of the grantor’s incapacity such that the Office of the Public Guardian and Trustee (OPG&T) is not required to intervene….

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Geriatric Care Management, Power of Attorney

Vulnerability to Undue Influence

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On September 28 I will be joining Charles Ticker, Charles Wagner, and David Smith in a panel discussion on ‘Dealing with Undue Influence Issues’ as part of the 2016 Practical Guide for Legal Professionals – ‘Advising the Elderly Client’ conference hosted by Osgoode Hall Law School in Toronto. I will be addressing the issue of vulnerability to undue influence. Although the traditional legal view of undue influence requires coercion,[i] [ii]….

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Capacity Law

What Can One Do About a Senior’s Decision to Live Alone at Home ‘Unsafely’?

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A frequent dilemma is the senior who is determined to remain living alone at home despite concerns that it may no longer be safe. What can one do about it? The first step is to enquire if there are power of attorney (POA) for property and personal care documents? If so, they must be reviewed to confirm whether the POA for property was active upon signing or if it is….

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Elder Care, Geriatric Care Management

How Will Capacity to Consent to Physician Assisted Death Align with Ontario Policy on End-of–Life Decision-Making?

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Canadians are well aware that in Carter v. Canada[i] the Supreme Court struck down the provision of the criminal code against physician assisted death (PAD). In its decision, the Supreme Court set out the circumstances in which PAD is appropriate: (1) The person affected clearly consents to the termination of life; and (2) The person has a grievous and irremediable medical condition (including an illness, disease or disability) that causes….

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Estate Planning

Consent for Treatment and Conflicts between Substitute Decision Makers: Options for Resolution

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As per the Health Care Consent Act (HCCA), and equally applicable to the Mental Health Act (MHA), capacity to consent to treatment is defined as: A person is capable with respect to a treatment if the person is able to understand the information that is relevant to making a decision about the treatment, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. When a person….

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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