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.

Forensic Profile of Perpetrators of Financial Elder Abuse

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Financial elder abuse is defined by the World Health Organisation as the illegal or improper exploitation or use of funds or resources of the older person.[i] The misuse of a senior’s funds and assets involves the use of the senior’s funds without that senior’s knowledge and/or full consent, or, in the case of a senior who is not mentally capable, when the use of funds is not in that senior’s….

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

Concerns about Consent for Cannabis Prescriptions in LTC

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Last month I wrote about the issue of consent for CPR, explaining that the Court in Wawrzyniak v. Livingstone confirmed that a physician’s duty is to his or her patient and not the interests of the substitute decision-maker (SDM). Treatments that are not believed to be in the interests of the patient and do not meet the standard of care do not need to be offered just because the SDM….

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Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney

New Guidelines on Provision of CPR in Hospitals

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The case of Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII) is a landmark decision that readers may find interesting. It clarifies physicians’ obligations with respect to the writing of no-CPR (cardiopulmonary resuscitation) orders and the provision of CPR in Ontario hospitals. The decision has led to the College of Physicians and Surgeons of Ontario (CPSO) to update their policy addressing end of life care.[i] Until now, the policy from the….

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Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Medical Assistance in Dying, Power of Attorney

Homicide in Ontario LTC Homes

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Readers in Ontario are likely familiar with Elizabeth Tracy Mae Wettlaufer, a former registered nurse, who confessed to murdering eight senior citizens and attempting to murder six others in southwestern Ontario long term care (LTC) homes between 2007 and 2016. Following her criminal conviction, the province of Ontario established a Public Inquiry into the Safety and Security of Residents in the Long-term Care Homes System led by Justice Eileen Gillese…..

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Elder Care, Elder Law, Geriatric Care Management, Guardianship, Healthcare, In the News

What an Attorney for Personal Care Can Do

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In Ontario, a power of attorney for personal care is defined in the Substitute Decisions Act (SDA) and allows the appointed attorney to act as the substitute decision maker (SDM) for an incapable person. The appointed attorney is given the authority to make decisions such as: medical treatments, admission to a care facility, or hiring a personal assistance service. Where there is no appointed attorney for personal care, the Health….

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

The Test for Capacity to Give Evidence and Special Accommodations

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Section 16 of the Canada Evidence Act (“CEA”)[i] sets out the test for capacity to give evidence: 16(1) If a proposed witness is a person of fourteen years of age or older whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine: Whether the person understands the nature of an oath or a solemn affirmation; and Whether the person is….

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Capacity Law
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