Total 116 Posts
While employed family caregivers (over age 60) in Hawaii are now eligible to receive a $70 per day stipend to pay for additional care support for a family member, we have something different. As of December 3, 2017 there was a new EI Family Caregiver Benefit which provides for “eligible caregivers to receive up to 15 weeks of financial assistance to provide care or support to a critically ill or….
A New Caregiving Benefit Continue Reading »
Elder Care, Elder LawMy first blog of the New Year may be about death. But it is about having as good a death as possible- (in your own bed while asleep) and of your choosing…..A recent blog was about a fellow who wanted to ensure his dying wishes would be followed which involved tattooing ‘Do Not Resuscitate’ on his chest. DNR wishes, for me, apply when our health deteriorates or something unexpected occurs…..
A Directed Death Continue Reading »
Elder Care, Elder Law
A frequent clinical challenge for doctors caring for seniors in hospitals is assessing decision making capacity and discharge planning. The following question arises; “Doctor, is the patient ‘capable’ to return home?” The problem with this question is the doctor has no authority in determining the answer. As per Section 45 of the Substitute Decisions Act (SDA)[i]; incapacity for personal care is defined as: A person is incapable of personal care….
I had the pleasure of attending last week’s Society of Trust and Estate Practitioners’ conference, titled “Elder Abuse and Manners of Protecting the Elderly”. It focused on financial abuse which is the most common form of elder abuse. It provided an excellent overview with a panel discussion presented and moderated by lawyers (Craig Vander Zee, Kim Whaley and Albert Oosterhoff), the Toronto Police Vulnerable Persons Coordinator (PC Jason Peddle) and….
Can We Prevent Elder Abuse? Continue Reading »
Elder Law, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Capacity to make treatment decisions in the Health Care Consent Act (HCCA)[i] refers to an intact ability to understand information that is relevant to making a decision to a proposed intervention and equally important the ability to appreciate the reasonably foreseeable consequences of a decision or a lack of decision. In order to be capable, an individual must satisfy both parts of the definition. Informed consent for a proposed treatment….
Capacity assessments regarding capacity to manage property, testamentary capacity or capacity to appoint a power of attorney for property (POA), whether conducted contemporaneously or retrospectively, rely upon whatever materials/information that is provided to an assessor to review. Materials may include relevant medical records, previous wills and POA documents, interview of the person if done contemporaneously or videos and/or audio recordings of the deceased if retrospective, and affidavits within legal briefs…..
Capacity Assessments and Biases to Beware of Continue Reading »
Capacity Law, Elder Law, Estate Litigation, Guardianship, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity