Elder care

Lam v Law Estate: Gender bias permits variation of discriminatory will

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Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

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Capacity Law, Caregiving, Compensation, Contested wills, Courts, Dependant Support, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills

When Parent and Child have a Joint Bank Account: Who Receives Funds upon Parent’s Death?

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This blog has been written by Lily MacLeod [Associate] at Fasken LLP It is common for an elderly parent to set up a joint bank account with their adult child. This enables the child to help manage the parent’s finances freely and efficiently (either as the parent’s attorney for property or more informally). Some families may assume that title to the account funds will pass to the adult child by….

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Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Guardianship, Resulting Trust, Succession Planning, Trusts, Wills

Wish lists are for more than just the holiday season

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This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time of year also tends to be one filled with gift-giving and showing love to the special people in our lives…..

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Elder Care, Estate Administration, Estate Planning, Family Conflict, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Uncategorized, Wills

Latest Draft National Standards for LTC

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I spent much time yesterday reading the National Standard of Canada guidelines from the Health Standards Organization draft report on developing new standards for Long Term Care. This draft document is titled “Long-Term Care Services” (CAN/HSO 21001:2022).  I also read the Globe and Mail and Toronto Star articles nicely packaged by NIA in my inbox. At this time now two years into the pandemic, change within LTC is needed more….

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In the News

Does This Sound Familiar?

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Son:     Mom, turn a light on, it’s getting dark outside. Mom:   It’s ok, I’ll just sit here in the dark.   Son:     Mom, it’s cold and raining outside.  I will call a taxi for you. Mom:   It’s senior’s day at Shoppers, I will take the bus.   Son:     Now that dad has passed away, this big old house must be getting a lot to handle. Do you think we could….

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Caregiving

Adult Dependent Children: ‘Grown ups’ who need support on a lifelong basis

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We are living longer- everyone is.  Over the last few months I have seen an increase in referrals by older adults who are doing their estate planning AND need to  ensure care and financial arrangements are in place for their adult dependent offspring. My legal and trust colleagues can describe the necessary steps, which often include a Henson Trust or perhaps a Guardianship application. The need for ‘supportive independent’ living may….

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Caregiving
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