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.

Appointing a Continuing Power of Attorney for Property to Family vs. Statutory Guardianship; which is truly better?

• • 1 Comment

Most seniors appoint a continuing power of attorney for property (CPOAP) for the sole purpose of not wanting the Office of the Public Guardian and Trustee (PG&T) to assume statutory guardianship of property under the Substitute Decisions Act (SDA) or Mental Health Act (MHA) should the person become incapable. The majority appoint a family member who they assume they can trust. But is this always the best outcome? Can one anticipate the….

Appointing a Continuing Power of Attorney for Property to Family vs. Statutory Guardianship; which is truly better? Continue Reading »

Elder Care, Elder Law, Geriatric Care Management, Guardianship, Power of Attorney

The Psychology of Decision Making by Attorneys for Personal Care – What You Won’t Learn in the Substitute Decisions Act (SDA)

• • 0 Comments

In a nutshell, the duty of Attorneys for Personal Care under the SDA is to act as a substitute decision-maker (SDM) for proposed healthcare interventions if the person is incapable of making that decision, and in doing so, to make decisions in the person’s best interests and in keeping with prior expressed wishes if possible. The SDA provides guidance to those acting as an SDM in how to determine best interests,….

The Psychology of Decision Making by Attorneys for Personal Care – What You Won’t Learn in the Substitute Decisions Act (SDA) Continue Reading »

Caregiving, Elder Care, Elder Law, Guardianship

The Ten D’s of Geriatric Psychiatry

• • 0 Comments

In my consulting work, I have provided independent medical/legal assessments of seniors regarding capacity to sign powers of attorney, capacity to manage property and personal care, capacity to marry, capacity to provide instructions, capacity to provide evidence and both retrospective and contemporaneous assessments of testamentary capacity and capacity to provide inter vivos gifts. I have been accredited as an expert witness in contemporaneous and retrospective assessments by the Ontario Superior….

The Ten D’s of Geriatric Psychiatry Continue Reading »

Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Geriatric Care Management, Testamentary Capacity

Can a Drunk Clearly Consent?

• • 0 Comments

By now many are familiar with the story reported in the National Post on March 2, 2017 by Ashley Csanady and the subsequent public outrage and calls for appeal in the Nova Scotia acquittal of a case of alleged sexual assault of a young woman intoxicated in the back of a taxi. For those unfamiliar with the story, a police officer had found the female complainant naked from the breasts….

Can a Drunk Clearly Consent? Continue Reading »

Capacity Law, In the News

Capacity Issues – who are you going to call?

• • 1 Comment

Capacity to grant and revoke a power of attorney (POA) for property and personal care and incapacity to manage property and personal care is defined by legislation in Ontario by the Substitute Decisions Act. However testamentary capacity (capacity to make a will) is not defined by provincial legislation. Assessors from the Ministry the Attorney General can provide formal assessments of incapacity to manage property and personal care that can result in….

Capacity Issues – who are you going to call? Continue Reading »

Capacity Law, Elder Law, Guardianship, Power of Attorney, Testamentary Capacity

POA for Property: A Marriage Sometimes Not Made in Heaven!

• • 0 Comments

In my ALLABOUTESTATES blogs, I have been writing about unanticipated consequences of appointing a power of attorney (POA) for property as per the Ontario Substitute Decisions Act[i] (SDA). Despite the apparent benefits for seniors to have a POA for property, nonetheless unanticipated problems include; Mistaken assumptions by both grantors and appointed attorneys that a signed POA for property that is effective immediately is supposedly “only a backup plan” for declared….

POA for Property: A Marriage Sometimes Not Made in Heaven! Continue Reading »

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