Elder Care

Total 374 Posts

The SDA and Parens Patriae Jurisdiction

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

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Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Monday, Monday……

While Toronto is voting for a new mayor today, I thought I would highlight some issues that are front and centre for me.  They don’t appear to be in anyone’s election campaign but regardless, they are very important to those of us are interested in supporting aging Canadians.  Solo seniors: Women are outliving their male partners and many woman find themselves on their own- by choice or circumstance. There are….

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Elder Care

The Life and Legacy of Gina Lollobrigida – An Estates Perspective

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery. Gina’s legacy includes a past fraught with disputes considered to be some of the most common and ‘classic’ wills and….

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Capacity Law, Contested wills, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, International, Testamentary Capacity, Undue influence, Wills

The Bio-Psycho-Social Approach to Capacity Evaluation

Current approaches that define capacity in cognitive terms disregard concerns that emotional instability may disrupt capacity or that a person may be cognitively intact yet lack the capacity to give a valid consent. An alternative evaluative approach would be to view capacity holistically, as a combination of biological, psychological, and social (biopsychosocial) factors…..

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

Jam Needs a Plan: Estate Planning for Pets

A dog in a red sweater sitting on autumn leaves.

Estate planning for pets has made for some very wealthy animals. Remember the US hotel heiress Leona Hemsley? Known as the Queen of Mean, she left $12 million out of her estimated $5 billion estate to her Maltese lap dog, Trouble. The dog’s inheritance was reduced to $2 million, but still. That was more than enough for the $100,000 spent on Trouble’s care each year. Today’s richest dog is the….

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Elder Care, Elder Management, Estate Planning, Smart Ageing

Home is Where You Hang Your Hat- or is it?

Retirement accommodation can be costly.  I have written about the cost of remaining at home with 24 hour care ( $35/hr on average in Canada), I have written about NORCs and sharing the caring and I have written about retirement residences and long term care homes. CTV News had an interesting story about retiring on  a cruise ship. In the article, they list the pros, which include: traveling- seeing different….

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