Update on Suggested Amendment for Capacity to Consent to MAiD

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I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances…..

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Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence

Principal residence – deceased vs. estate (Part 2): Time is of the essence

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In my previous blog, Principal residence – deceased vs. estate, I discussed the opportunity for an estate to claim a capital loss on a property that was previously the principal residence of the deceased and carry it back to the deceased’s final tax return under subsection 164(6) of the Income Tax Act (ITA). A number of readers reached out to me regarding the difficulties of realizing the loss and filing….

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Estate Administration, Real Estate, Tax Issues

From Pepper to Grace: our robots are looking more like us….

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In February 2019  I visited Shintomi Nursing Home in Tokyo Japan that utilized over 20 different types of care bots.  I had previously introduced you to Pepper, one of their care bots that is able to entertain and lead exercise classes. This past week, I read about Grace  who was created during Covid with the aim to reduce social isolation.  Grace has also skills as well and is able to….

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Caregiving

Estates in the Media – Fact or Fiction?

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP It feels like everyday a new television show or movie is released and sometimes (if we’re lucky) we get to see our profession played out on the big screen. But perhaps “lucky” isn’t the right word, since most of the time, what we see on our televisions isn’t always the most accurate representation of the world of estates…..

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Uncategorized

Charities Lawyers Don’t Recommend

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I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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Estate Administration, Estate Donations, Philanthropy/Charitable Giving, Uncategorized
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