Elder Law

Total 116 Posts

Attendant care payments

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With an aging population comes the importance of attendant care of the elderly and disabled. The Canada Revenue Agency (CRA) was recently asked about the taxation of amounts received for attendant care services provided to a spouse or child and returned with a pleasantly surprising answer. A child received a non-taxable award of damages to facilitate the continuous care of the child. A monthly amount was paid out of the….

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Elder Law, Home-Right

What if I can’t spell ‘WORLD’ backwards?

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Clinicians and lawyers are regularly exposed to a score on the Mini-Mental State Exam (MMSE) also known as the ‘Folstein test’ after the developer of the most widely used cognitive screening tool in the world. Yet it is one of the most misunderstood and misinterpreted tests in Medicine, not to mention estate matters. The score of the MMSE is often cited as indicative of the presence of dementia and hence….

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Elder Law, Estate Planning, Home-Right

What happens when you put a ring on it?

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Saturday’s Toronto Star featured an article on a marriage “predator”.  The article tells the sad story of an 89 year old man – Charlie – who married a 65 year old woman  – Galina – because she promised to look after him and ensure he’d never have to move to a nursing home.  They essentially struck a deal:  caretaking in exchange for a mention in the Will.  Charlie was not….

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Elder Law, Estate Planning

Compassionate Care Benefits- Update

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Effective January 3rd, 2016, the Government of Canada announced an increase in the duration of the Employment Insurance (EI) compassionate care benefit which allows claimants to collect up to 26 weeks of benefits, up from the current six weeks, for the care of a family member with a serious medical condition with a significant risk of death. ….

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Elder Care, Elder Law, Geriatric Care Management, In the News

Consent for Treatment and Conflicts between Substitute Decision Makers: Options for Resolution

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As per the Health Care Consent Act (HCCA), and equally applicable to the Mental Health Act (MHA), capacity to consent to treatment is defined as: A person is capable with respect to a treatment if the person is able to understand the information that is relevant to making a decision about the treatment, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. When a person….

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