Disability

Total 80 Posts

Mild Cognitive Impairment and Supported Decision-Making

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In my previous blog, I ended the blog with a suggestion that as the population ages, I anticipate the courts will be confronted with more cases of capacity determination in seniors with mild cognitive impairment (MCI), and it will be interesting to see to what extent MCI becomes a diagnosis accepted of causing mental incapacity or not. As a reminder, MCI is not listed as a diagnostic entity in the….

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Capacity Law, Disability, Elder Management

Rule 7 and New Ontario Regulation 173/25

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The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

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Capacity Law, Courts, Disability, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized

Empowering families: protecting the ones that need it the most

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Many of us are speaking to our clients about estate planning or supporting clients who are speaking to their other advisors about estate planning.  Have you thought about the questions that we pose to such clients.   Have you thought about your estate plan? Is  your will drafted as per your wishes and needs? Do you have a power of attorney in place? Who will do what in case something comes….

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Caregiving, Disability, Estate Planning

Mobility is a Key Lifestyle Planning Factor

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A women in a wheelchair looks out a floor to ceiling window, illustrative of consider mobility as a key lifestyle planning factor.

Mobility and being able to move independently is a crucial lifestyle planning factor people often overlook. As families are out enjoying the summer weather and travelling again, we wish more people understood that being able-bodied[1] and independently mobile is a temporary state. Life happens – a car accident or healthcare crisis can instantly change your ability to move and function independently. In estate and lifestyle planning, the focus is often….

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Disability, Elder Management, Smart Ageing

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
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