Caregiving

Total 142 Posts

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

Elder Care Gaps In Divorce And Blended Families

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5 or 6 couples in their 30s and 40s posing for a photo in the forest

Elder care gaps occur as family structures change, and there may be unanticipated and challenging consequences. For parents who have long divorced, those who have remarried, and those with blended families, this may mean that adult children are now dealing with three or more parents and stepparents. As the caregiver burden increases, blended families become more complex, and the potential for conflict increases. Impacts of Divorce and Blended Families on….

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Caregiving, Elder Care, Elder Management, Power of Attorney, Smart Ageing

Controversies in Substitute Decision-Making Concerning Shelter for Alternate Level of Care Patients

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Recently, an elderly patient suffering from moderate-to-advanced stage dementia, with behavioural complications, was hospitalized on a psychiatric admission. The patient, who was declared incapable to consent to treatment, was initially held involuntarily under the Mental Health Act, RSO 1990, C M.7 (the “MHA”). The patient had appointed a cousin as their attorney for property and personal care. However, the cousin could not be located and there was a concern that….

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Caregiving, Elder Care, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3

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On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to the Power of Attorneys for Care. I also offer considerations to help lawyers and advisors deal with personal care disputes…..

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Caregiving, Elder Care, Elder Management, Family Conflict, Power of Attorney

Insights into Resolving Care Disputes for High-Net-Worth Families – Part 2

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There are three truisms behind care disputes. Every caregiving situation is unique. Conflicts arise when making difficult care decisions. There is no one care solution or dispute resolution that suits all cases. To complicate matters further, the cost of care can easily escalate, and privatization of health care is expanding. So, it is not surprising that people with financial resources are increasingly turning to private management for customized care solutions…..

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Caregiving, Elder Care, Elder Management, Smart Ageing

Insights into Resolving Care Disputes – Part 1

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Managing the care of an older person can be one of the most challenging situations ever undertaken by a family or group of friends. And it is normal for some conflict to arise over the health and personal care needs and the many ways to address those needs. No two caregiving situations are the same. With a rapidly aging population, the number of care disputes is increasing, and professionals across….

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Caregiving, Elder Management, Family Conflict
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