Elder Law

Total 116 Posts

LCO Releases Report on Capacity, Decision-making and Guardianship Laws

• • 2 Comments

Last week, the Law Commission of Ontario (“LCO”) released and presented to the provincial government, their final report reviewing Ontario’s statutory framework for legal capacity, decision-making and guardianship matters. The LCO focused on the relevant capacity provisions found in the Health Care Consent Act, the Substitute Decisions Act (“SDA”), and the Mental Health Act (“MHA”).  The report makes 58 recommendations to address issues such as financial elder abuse, misuse of….

LCO Releases Report on Capacity, Decision-making and Guardianship Laws Continue Reading »

Attorney Compensation, Capacity Law, Elder Law, Fiduciary Professions, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Dementia does not Preclude Testamentary Capacity

• • 0 Comments

Unhappy beneficiaries often challenge the validity of a loved one’s will on the grounds that the testator lacked the capacity to execute a will. Applicants use evidence of the testator’s dementia or Alzheimer’s disease (and other mental disorders) to establish that the testator lacked capacity to execute a will. However, it is important to keep in mind that capacity is time specific. A diagnosis of dementia or Alzheimer’s disease, for….

Dementia does not Preclude Testamentary Capacity Continue Reading »

Capacity Law, Elder Law, Estate Litigation, Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Testamentary Capacity, Wills

Capacity Issues – who are you going to call?

• • 1 Comment

Capacity to grant and revoke a power of attorney (POA) for property and personal care and incapacity to manage property and personal care is defined by legislation in Ontario by the Substitute Decisions Act. However testamentary capacity (capacity to make a will) is not defined by provincial legislation. Assessors from the Ministry the Attorney General can provide formal assessments of incapacity to manage property and personal care that can result in….

Capacity Issues – who are you going to call? Continue Reading »

Capacity Law, Elder Law, Guardianship, Power of Attorney, Testamentary Capacity

6 Big Ideas, “Better Now” by Dr. Danielle Martin

• • 0 Comments

I recently had the pleasure of listening to Dr. Danielle Martin address health care system challenges faced by Canadians daily.  In her book Better Now   Dr. Martin explores ways to make Canadian health care better. Dr. Martin is a family doctor and practices in the Family Practice Health Centre at Women’s College Hospital where she is also the Vice-President of Medical Affairs & Health System Solutions. Her 6 main ideas….

6 Big Ideas, “Better Now” by Dr. Danielle Martin Continue Reading »

Disability, Elder Care, Elder Law

POA for Property: A Marriage Sometimes Not Made in Heaven!

• • 0 Comments

In my ALLABOUTESTATES blogs, I have been writing about unanticipated consequences of appointing a power of attorney (POA) for property as per the Ontario Substitute Decisions Act[i] (SDA). Despite the apparent benefits for seniors to have a POA for property, nonetheless unanticipated problems include; Mistaken assumptions by both grantors and appointed attorneys that a signed POA for property that is effective immediately is supposedly “only a backup plan” for declared….

POA for Property: A Marriage Sometimes Not Made in Heaven! Continue Reading »

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

Ontario’s Dementia Strategy and A DementiaHack!

• • 0 Comments

Tomorrow is the last day of Alzheimers Awareness Month in Canada. Over the last several years I have shared many blogs on the crisis of dementia. It is a disease that impacts everyone and with science helping us to live longer, we need to appreciate that for some, they may feel that they are not living at all. I have discussed both the economic and financial cost to providing care….

Ontario’s Dementia Strategy and A DementiaHack! Continue Reading »

Disability, Elder Care, Elder Law, Geriatric Care Management
Scroll to Top