Elder Care

Total 374 Posts

Elder Care Gaps In Divorce And Blended Families

• • 0 Comments
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….

Elder Care Gaps In Divorce And Blended Families Continue Reading »

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

Update on Dementia Epidemic: Incidence, Prevention, and Care

• • 2 Comments
Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Cases of dementia are rising at an alarming rate, creating a public health crisis. At some point, most of us will either know someone living with dementia or someone who is caring for a person with the disease. As advisors, we must become proactive and purposeful by learning about dementia and its impact on clients. So, here are the latest research updates on the incidence, prevention, and care of dementia…..

Update on Dementia Epidemic: Incidence, Prevention, and Care Continue Reading »

Capacity Law, Elder Care, Elder Law, Elder Management

Who holds the burden of proof when undue influence is claimed?

• • 0 Comments
A man photographs seagulls.

In the estates context, undue influence is often alleged in order to challenge a will or an inter vivos transfer of property, often a family home or cottage. When a party in a legal dispute alleges that there was undue influence which party bears the burden of proving (or disproving) whether this is true? Will challenges Generally speaking, if a will meets the criteria for formal validity, it will be….

Who holds the burden of proof when undue influence is claimed? Continue Reading »

Elder Care, Estate Litigation, Joint Tenancy, Power of Attorney, Succession Planning, Testamentary Capacity, Undue influence, Wills

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

• • 1 Comment

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….

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

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

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

• • 0 Comments

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…..

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3 Continue Reading »

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

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

• • 0 Comments

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…..

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

Caregiving, Elder Care, Elder Management, Smart Ageing
Scroll to Top