Disability

Total 80 Posts

Frontotemporal Dementia

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While we all may be aware of the dementia crisis that is increasingly heading our way, it often takes a celebrity to truly raise the issue and increase our general awareness levels. I am referring to FTD or frontotemporal dementia and Bruce Willis’ recent diagnosis. Dementia is a syndrome describing a series of symptoms including memory loss, loss of judgement and language, problem-solving and other processing abilities that are severe….

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Disability, In the News

More Commentary on the Evaluation of Capacity to Consent for MAiD

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There appears to be a lack of consensus in the mental health field whether persons with a mental disorder-sole underlying medical condition can be adequately evaluated for capacity to consent to MAiD…..

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management

Disability Tax Credit – 2021 Federal budget proposals – now law

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The 2021 Federal budget[1] announced proposed changes to the Disability Tax Credit (DTC) to broaden its scope and provide more clarity.  These proposed legislative changes are now law with an effective date of January 1, 2021[2]. The Disability Tax Credit A taxpayer has access to the DTC when Canada Revenue Agency (CRA) formally approves the T2201 – Disability Tax Credit Certificate. This approved certificate confirms that the taxpayer has a….

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Canada Revenue Agency, Disability

Update on MAiD: Mental Disorder as a Sole Underlying Medical Condition

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In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD…..

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Capacity Law, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Powers Of Attorney and Guardianship Disputes, Succession Planning

Too Ill to Make a Will: three practical tips for surviving deathbed retainers

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A Dead Give-Away Did you know that deathbed wills are the original will? In medieval Europe, for all but those in high society, will-making was synonymous with efforts right before death. Luckily, this type of estate planning is no longer the status quo. However, deathbed wills have persisted as a reality of life to this date. So what should drafting solicitors keep in mind when they get the dreaded phone….

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Disability, Elder Law, Estate Planning, Uncategorized

Capacity to Consent to MAiD: A Suggestion For Amendment

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I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..

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Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence
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