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.

Some Suggestions on Evaluating Undue Influence in the Court of Public Opinion

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In recent weeks, Canadian politics has been rocked by the so-called “SNC-Lavalin Scandal.” One of the allegations has been whether former Attorney General Jody Wilson-Raybould was pressured or unduly influenced by the Prime Minister’s Office to resolve the corruption and fraud case against SNC-Lavalin in an effort to spare the engineering giant from criminal prosecution. In her February 27, 2019, testimony before the House of Commons, Ms. Wilson-Raybould suggested that….

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Capacity Law, In the News, Undue influence

Lucid Intervals and Testamentary Capacity

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As I understand, “lucid interval” is a legal doctrine that holds that testamentary capacity may exist at a moment in time even though the testator’s general state would be inconsistent with the conclusion that he possessed testamentary capacity.[i] The idea is that an individual who suffers from mental illness or a neurological condition may have periods in which his or her ability to reason and make thoughtful choices is preserved…..

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Capacity Law, Contested wills, Estate Litigation, Wills

Year End Wishes for Changes to Care for Patients with Dementia

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Health Quality Ontario, in collaboration with clinical experts, patients, residents, and caregivers across the province, is developing quality standards for care providers in Ontario. I participated in developing the quality standard: Behavioural Symptoms of Dementia: Care for Patients in Hospitals and Residents in Long-Term Care Homes. This quality standard focuses on care for people living with dementia and displaying behaviours of agitation or aggression in an emergency department, a hospital,….

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Capacity Law, Caregiving, Elder Care, Elder Law, Geriatric Care Management, Healthcare

Some Concerns about Proposing MAiD via Advanced Directives

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Audrey Parker, a terminally ill woman living in Nova Scotia, ended her life with medical assistance earlier this month after issuing a final deathbed plea asking lawmakers to loosen some of the restrictions embedded in Canada’s assisted dying law.[i] Parker stressed that the law had to be changed because anyone approved for medical assistance in dying (MAiD) must be conscious and mentally sound at the moment they grant their final….

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Healthcare, Medical Assistance in Dying

Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same!

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My June 2017 blog described that most seniors appoint a continuing power of attorney for property (CPOAP), partly to avoid having the Office of the Public Guardian and Trustee (OPG&T) assume the role of statutory guardian of property under the Substitute Decisions Act (SDA) or the Mental Health Act (MHA) should the person become incapacitated. The majority appoint a family member who they assume they can trust. I questioned at….

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

Is it Improper for Counsel to Assist an Expert Witness in the Preparation of the Expert’s Report?

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Expert evidence constitutes an exception to the rule that witnesses may only testify as to facts, not opinions, and that it is the exclusive prerogative of the trier of fact to draw inferences from proven facts. The expert evidence exception operates where specialized knowledge is required to determine the implications of the facts where the trier of fact is not competent to draw the necessary inferences unaided. The Rules of….

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Estate Litigation, Testamentary Capacity
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