Elder Care | All About Estates

Crisis in Long Term Care Continued # 3

Audrey Miller • February 26, 2018 • 0 Comments

This blog will address some of the first hand experiences that my clients and I have had when interfacing with the Long Term Care sector. 1. Younger adults. I worked with a 42 year old gentleman who lived with a degenerative motor disease. He could no longer live on his own and spent several years under Alternate Level of Care (ALC) status in a hospital. This is not a new….

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Elder Care, In the News, Uncategorized

Medical assistance in dying

Derek de Gannes • February 13, 2018 • 0 Comments

The Canada Revenue Agency (CRA) was asked whether medical assistance in dying would be considered a medical service for the purpose of the medical expense tax credit (METC). Not surprising, their answer was yes. In their view, the services for medical assistance in dying are medical services for the purpose of the METC when they are provided by a medical doctor or nurse practitioner as set out in the Criminal….

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Canada Revenue Agency, Elder Care, Executors, Geriatric Care Management, Trustee

Crisis in our LTC Homes Continued #2

Audrey Miller • February 12, 2018 • 0 Comments

The sad story of our Long Term Care crisis continues and this blog will focus on what’s available and the seniors who apply for them. As we know, Long Term Care homes provide Ontario residents with access to 24 hour nursing and personal care and are available to those 18 years or older whose care needs cannot be safely met in the community. As the Ministry website states: “you can….

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Elder Care, Elder Law, Geriatric Care Management

No Good Deed Goes Unpunished

Corina Weigl • February 2, 2018 • 0 Comments

The phrase “No good deed goes unpunished” is often attributed to Clara Boothe Luce, an American Dramatist, who was the first American woman appointed to a significant ambassadorial post abroad. Today it is often used to express the idea that beneficial actions often go unappreciated or are met with hostility. The decision of the Ontario Court of Appeal in Teixeira v. Markgraf Estate, 2017 ONCA 819 no doubt left Arlindo….

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Elder Care, Estate Administration, Estate Litigation, Trustee

Capacity Evaluation of an Expressed Choice

Dr. Richard Shulman • January 24, 2018 • 0 Comments

In law, expressed choices are not necessarily a reflection of capable decision making. For example, regarding testamentary capacity, the Ontario Court of Appeal in Hall v. Bennett Estate (2003)[i] stated in paragraphs 15 and 16 that it is not sufficient simply to show that a testator had the capacity to communicate his or her testamentary wishes. Those wishes must be shown to be the product of a sound and disposing….

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Capacity Law, Elder Care, Elder Law, Family Conflict, Guardianship, Powers Of Attorney and Guardianship Disputes, Spouse

January is Alzheimers’ Awareness Month

Audrey Miller • January 22, 2018 • 0 Comments

Let’s take a moment to consider one of the biggest health crises that we will be facing over the next several years. A health diagnosis that not only robs people of their memories but a health crisis that can destroy families. Without planning, I fear it may also bankrupt our health care system. Alzheimers disease is the most common form of dementia and is only one of many diseases that….

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Caregiving, Elder Care