Happy May- it may not feel like Spring- but this is what our calendar tells us. Now Census data tells us that the number of seniors over age 85 is expected to triple in the next 25 years- YIKES. The Atlantic provinces will have the highest proportion of seniors (over age 85) by 2043. I have always said that our aging population has great consequences- for everyone- not only in….
April Showers Bring More May Showers….. Continue Reading »
In the NewsToday’s blog was written by Yvonne Mazurak, Associate, at Fasken LLP As my colleagues, Sandra Arsenault and Betty Laidlaw, have both described in posts earlier this year, Ontario Regulation 709/21 introduced significant changes to the probate procedure. Among the changes, which came into effect on January 1, 2022, was the introduction of new consolidated forms. Recently announced updates, set to go into effect on July 1, 2022, will impact the….
Probate Forms are Changing…Again Continue Reading »
Estate Administration and Probate Applications, Estate Litigation, Estate Planning
I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..
Capacity to Consent to MAiD: A Suggestion For Amendment Continue Reading »
Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence
In Marshall vs. Snow, the court was asked to determine who should be awarded primary custody of a minor child following the death of her mother (the child’s primary caregiver). Prior to the mother’s death, the child’s father and mother shared joint custody but not equal parenting time or decision-making rights with the mother having final decision-making authority. The child also resided with and was close to her maternal grandparents. A….
Children are not Chattels: Who Cares for a Child when a Primary Caregiver Dies? Continue Reading »
GuardianshipI asked a friend how her holiday family dinners were and she shared an interesting and to me, sad story. The dinner was being held at her cousin’s home in lieu of it being held at the cousin’s mother’s home as was the usual tradition. The mother and her sister ( my friend’s mom) always shared these traditional dinners together and took turns hosting. My friend’s mom in her mid….
Family gatherings and the 6th wave. Continue Reading »
Caregiving
It is no secret that there is a generational shift coming, both in wealth and the family businesses that often make up that wealth. I could cite many articles to support this statement. Leaving this fact aside, it is also no secret that no one has yet discovered the fountain of youth and cryogenics is not yet far enough along to provide a certainty of outcome. The upshot is that….
