Videographers Beware

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Occasionally, those hoping to demonstrate the capacity of a testator will film a video of the testator purporting to show that they were cognitively intact or that the will was a reflection of their independent and capable wishes. Unfortunately, the naïve interviewer makes the mistake of confusing the preservation of social graces for intact cognition and considers passive acquiescence as evidence of independence of mind. Clinicians understand, or should understand, that one….

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Capacity Law, Contested wills, Estate Litigation, Family Conflict, Undue influence

VERY MODERN FAMILY PROBLEMS FOR “MODERN FAMILY” ACTRESS – DO FROZEN EMBRYOS’ HAVE RIGHTS?

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An interesting case has begun in the state of Louisiana involving “Modern Family” actress Sofia Vergara. For the past year, Ms. Vergara has been battling her former husband for custody of her fertilized eggs. The proceedings took a complicated turn this month when her husband filed an action on behalf of the embryos, arguing that the frozen embryos have a right to life. As the action suggests, the husband would like to take steps to unfreeze the embryos and bring them to term. In the proceedings, he argues on behalf of the embryos that keeping them frozen, which Ms. Vergara allegedly wishes to do, would be “tantamount to killing them”…..

VERY MODERN FAMILY PROBLEMS FOR “MODERN FAMILY” ACTRESS – DO FROZEN EMBRYOS’ HAVE RIGHTS? Continue Reading »

Estate Planning

Holiday Jingle

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T’was the fight before Christmas, when all families know,
It’s better to forgive than tell them to F. O.,
Mom probably liked you better, if memory serves,
So while I am a P.O.A., she will get what she deserves.

My holiday jingle with a new stanza added,
Please enjoy as intended, with a wink and a smile :)….

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Elder Care

End of Life Decisions: A Legal Perspective

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End of life decisions are some of the most fraught decisions individuals will ever face. Patients and doctors likely approach end of life decisions differently and from differing perspectives.  The Law Commission of Ontario (“LCO”), an independent organization that recommends law reform measures for the province, has produced two reports on this very important issue. In Health Care Consent, Advance Care Planning, and Goals of Care Practice Tools: The Challenge….

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Elder Law, Geriatric Care Management

Taxable Income of an Estate: Can it be Distributed?

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Suppose a straightforward will with very simple instructions to the executor: The executor is to pay the debts and expenses of the deceased, execute certain specific bequests of property and with some general instructions, distribute the residue of the estate to the named beneficiaries. During the administration of an estate, taxable income is generated during the course of paying all the debts and executing the specific bequests. Because it might….

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Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Trusts, Wills
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