Elder Care

Total 374 Posts

An Elder Care Planning Framework for Decision Making, Part 2

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This blog post on the Elder Care Planning Framework for Decision Making, Part 2, is based on a panel presentation at Elder Law Day in Toronto in March 2023. Participants expressed an interest in using the elder care planning framework to provide context for decision-making and planning. Part 1 proposed the framework as a tool to aid in decision-making for elder care management; read it here. The elder care planning….

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Capacity Law, Elder Care, Elder Management, Geriatric Care Management, Power of Attorney, Smart Ageing

What is the Consent and Capacity Board?

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Capacity is a key component of estate litigation, especially in guardianship and attorneyship disputes. Questions of when someone has begun acting as an attorney for property and whether a person had the requisite capacity to designate a party as their attorney are some of the ways this issue plays out. Once these questions are raised, the arena in which these disputes are heard, for the most part, is the Superior….

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Capacity Law, Elder Care, Elder Management, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Proposing an Elder Care Planning Framework for Decision Making

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binoculars on a wooden table to express the idea of Elder Care Planning Framework

The Elder Care Planning Framework In March 2023, I was a panellist at the Ontario Bar Association’s Elder Law Day, where Dr. Richard Shulman and I spoke about decision-making capacity. In preparing our presentation, we developed this tool to aid in planning decision-making for elder care management and related financial, legal, and clinical affairs. The management of elder care is complex and multifaceted. There are numerous intersections where care needs….

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Capacity Law, Elder Care, Elder Management, Geriatric Care Management, Power of Attorney

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

Is there a doctor in the house?

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“Ontario will be short 33,000 nurses and PSWs by 2028”, financial watchdog projects. Folks, please pay attention, we are already feeling the shortage of medical care in our hospitals, long term care settings and of course, at home as well. My own family doctor is retiring and I suppose I am lucky in so far as there is a doctor who is going to take over her practice. He has….

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Elder Care

Implementing Powers of Attorney for Personal Care: Game Changers for Managing Care

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Medicine can do many things but at the end of life what matters most is not necessarily treatment but making peace with yourself on your terms. Atul Gawande, Being Mortal. Advanced care planning is an evolving process where individuals outline their wishes regarding their care and medical decision-making based on their values and beliefs when their voice is silent due to incapacity. A few years ago, I participated in a….

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