Capacity Law

Total 144 Posts

Proposing an Elder Care Planning Framework for Decision Making

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binoculars on a wooden table to express the idea of Elder Care Planning Framework

The Elder Care Planning Framework In March 2023, I was a panellist at the Ontario Bar Association’s Elder Law Day, where Dr. Richard Shulman and I spoke about decision-making capacity. In preparing our presentation, we developed this tool to aid in planning decision-making for elder care management and related financial, legal, and clinical affairs. The management of elder care is complex and multifaceted. There are numerous intersections where care needs….

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Capacity Law, Elder Care, Elder Management, Geriatric Care Management, Power of Attorney

Does a Grantor have the Capacity to plan their Incapacity?

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This blog has been written by Mohena Singh, Associate at Fasken LLP As estate planners, one of the most important aspects of our job is to discuss incapacity planning with our clients. Mental incapacity has become a social, health and legal challenge that affects a surprising number of Canada’s senior citizens. According to Statistics Canada, by 2068 it is projected that over 20% of Canadians will be over the age….

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Capacity Law, Caregiving, Estate Planning, Uncategorized

Representation of Incapable Individuals

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In disputes relating to the guardianship of an incapable person, the subject of their representation often arises. The appointment of counsel pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“section 3 counsel”) is often treated as akin to or even the same as the appointment of a litigation guardian in accordance with Rules 7.01-7.03 of the Ontario Rules of Civil Procedure. However, these roles….

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Capacity Law, Disability, Elder Care, Family Conflict

Game Changers in Managing Care: Powers of Attorney for Personal Care (POAPC) & Substitute Decision Making

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It’s Super Bowl Sunday as I write this, and in the lead-up to the game, football fans are debating what game changers may be possible to gain an advantage and win. Why not apply the same breakthrough analogy to address critical issues in managing care? What game changers can we trigger to deliver more productive outcomes for people? The Power of the Powers of Attorney for Personal Care (POAPC) &….

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Capacity Law, Caregiving, Elder Care, Elder Law, Elder Management, Estate Planning, Geriatric Care Management, Smart Ageing

When Will a Court Reconsider Its Decision?

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Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high…..

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Appeals, Capacity Law, Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Family Conflict, Wills

The Judicial Preference for Non-Intervention in Guardianship Disputes

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Guardianship disputes can be stressful and costly. Though each party wishes to do what is in the best interests of their incapable loved one, they struggle to reach an agreement about how to manage the incapable person’s personal care or property. These conflicts often make their way to the courts for resolution. But should they?….

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Capacity Law, Estate Litigation, Family Conflict, Guardianship
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