Dr. Richard Shulman

Total 60 Posts

 Website

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.

Concerns about Consent for Cannabis Prescriptions in LTC

• • 2 Comments

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….

Concerns about Consent for Cannabis Prescriptions in LTC Continue Reading »

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

• • 0 Comments

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….

New Guidelines on Provision of CPR in Hospitals Continue Reading »

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

• • 0 Comments

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…..

Homicide in Ontario LTC Homes Continue Reading »

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

What an Attorney for Personal Care Can Do

• • 0 Comments

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….

What an Attorney for Personal Care Can Do Continue Reading »

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

• • 0 Comments

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….

The Test for Capacity to Give Evidence and Special Accommodations Continue Reading »

Capacity Law

Some Thoughts on Explaining Differences in Expert Opinions

• • 0 Comments

Experts giving evidence in an Ontario court are obliged to sign an acknowledgement that they are independent, with their obligation being to the court and not to the party who retained them. Nonetheless, scepticism regarding objectiveness and discrepancies between expert opinions remains, as demonstrated in the reasons of Justice Mesbur in Plese v. Herjavec, 2018 ONSC 7749: [89]      I have always been tempted to ask valuators whether their opinions would….

Some Thoughts on Explaining Differences in Expert Opinions Continue Reading »

Capacity Law, Elder Law, Family Conflict, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity
Scroll to Top