Elder Law

Total 116 Posts

Appointing a Continuing Power of Attorney for Property to Family vs. Statutory Guardianship; which is truly better?

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Most seniors appoint a continuing power of attorney for property (CPOAP) for the sole purpose of not wanting the Office of the Public Guardian and Trustee (PG&T) to assume statutory guardianship of property under the Substitute Decisions Act (SDA) or Mental Health Act (MHA) should the person become incapable. The majority appoint a family member who they assume they can trust. But is this always the best outcome? Can one anticipate the….

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

Family Meetings and Power of Attorney for Personal Care

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I had the pleasure of recently attending the B’nai Brith Canada Estates and Trusts Group annual seminar, titled Power of Attorney Disputes. It was a wonderful opportunity to watch some of Ontario’s finest estate lawyers play different roles (feuding siblings and mediator) as well as hear their professional perspective on various aspects of Power of Attorney disputes regarding questionable capacity, accounting issues, estate trustees and sexual consent. While the focus….

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Elder Care, Elder Law, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes

The Psychology of Decision Making by Attorneys for Personal Care – What You Won’t Learn in the Substitute Decisions Act (SDA)

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In a nutshell, the duty of Attorneys for Personal Care under the SDA is to act as a substitute decision-maker (SDM) for proposed healthcare interventions if the person is incapable of making that decision, and in doing so, to make decisions in the person’s best interests and in keeping with prior expressed wishes if possible. The SDA provides guidance to those acting as an SDM in how to determine best interests,….

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Caregiving, Elder Care, Elder Law, Guardianship

The Law Commission of Ontario Seeks Public Consultation

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The Law Commission of Ontario’s (LCO) Improving the Last Stages of Life project released two final research papers ahead of publishing its consultation paper. The LCO’s project examines how Ontario laws are shaping the quality of life of dying people and how end of life care can be improved in Ontario through a better understanding of the law by healthcare workers, patients, and substitute decision-makers. It also considers recommendations for….

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Capacity Law, Caregiving, Elder Law, In the News

The Ten D’s of Geriatric Psychiatry

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In my consulting work, I have provided independent medical/legal assessments of seniors regarding capacity to sign powers of attorney, capacity to manage property and personal care, capacity to marry, capacity to provide instructions, capacity to provide evidence and both retrospective and contemporaneous assessments of testamentary capacity and capacity to provide inter vivos gifts. I have been accredited as an expert witness in contemporaneous and retrospective assessments by the Ontario Superior….

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Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Geriatric Care Management, Testamentary Capacity

The Times Are A Changing and Our Laws & Policies Should Too

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Further to my colleague Diane Vieira’s March 15, 2017  blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a few changes including: Many of our older clients have outlived their family and friends We are also seeing an increase….

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