The Message is Loud But Not So Clear

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Last week, a Washington Post article caught my eye ‘A Florida man collapsed with a ‘Do Not Resuscitate’ tattoo. Doctors didn’t know what to do’. The full article in the New England Journal of Medicine  described doctors in Miami who found themselves caught in what they describe as an usual ethical dilemma.  Reportedly, an unconscious man was brought to the ER with a chest tattoo that read ‘DO NOT RESUSCITATE’; his….

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Capacity Law, Elder Care

The Principal Residence Exemption and Qualified Disability Trusts

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I previously blogged about changes that could be made to the current qualified disability trust (“QDT”) rules to make them more flexible. In that blog I briefly referred to changes to the principal residence exemption that limit the types of personal trusts that can use the exemption, one of which is a QDT. A QDT, like the other eligible trusts under the new principal residence rules, must have a “specified….

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Disability, Trusts

What’s more American than a Norman Rockwell painting – perhaps a Court hearing?

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In my Blog last week I talked about how much I like some of the American traditions like Thanksgiving. What could be more American than a beloved Norman Rockwell painting. Earlier this month the Massachusetts Court of Appeal blocked the auction of 2 Norman Rockwell paintings, which had a combined value of over $25mil. The plaintiffs included Rockwell’s sons as well as the office of the Massachusett’s attorney general. The….

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In the News, Philanthropy/Charitable Giving, Uncategorized, Wills

The SDA and Incapacity to Manage Personal Care – Another Example of a Limitation In Legislation

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A frequent clinical challenge for doctors caring for seniors in hospitals is assessing decision making capacity and discharge planning. The following question arises; “Doctor, is the patient ‘capable’ to return home?” The problem with this question is the doctor has no authority in determining the answer. As per Section 45 of the Substitute Decisions Act (SDA)[i]; incapacity for personal care is defined as: A person is incapable of personal care….

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Capacity Law, Elder Law, Power of Attorney

TFSAs and the Non-resident

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With mobility on the rise, it is expected that a person leaving Canada will have to visit the rules on tax-free savings accounts (TFSA) and Canadian tax residency.   Executors may have to consider the TFSA rules if a deceased’s will calls for the transfer of a TFSA account to a non-resident will beneficiary. If a Canadian tax resident has a TFSA and leaves Canada, the accumulated funds may remain in….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues

Determining Capacity. They Actually Have An App For That!

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I had the pleasure of attending a very interesting presentation on ‘Legal Capacity Assessment Panel Discussion & Technology Demonstration’ that may very well change the face of estate litigation by addressing the question of whether the individual was capable at the time of signing legal documents. I am involved in many situations where there has been a dispute questioning the older person’s capacity at the time of appointing an attorney….

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Capacity Law
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