Elder Law

Total 116 Posts

The Hidden Patient

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Did you see Steve Paiken’s The Agenda and their show on The Hidden Patient? A few reminders: there are 6 million working caregivers in Canada which means that 35% of working Canadians are caregivers. Twenty percent of working caregivers have health issues. Employers have to do a better job of understanding the role of being a caregiver and realize that their most important asset- their employees- need help to be able to focus on their job. Win – Win. We know that family caregivers are stressed. They worry and they also feel guilty…..

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

Update on End of Life

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By now most of  us have heard that the Trudeau government is asking the Supreme Court to grant a six months extension to the deadline imposed last year as part of the Carter decision (see 2015 SCC 5). What this means is still unclear but adds to the speculation that the Trudeau government will be doing something about this issue – after further consultation, rather than just letting the Criminal….

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

Pre-Death POA Disputes

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I have no statistics on this, but anecdotally, I have had many conversations lately with fellow estate litigators who have noticed the same recent trend in their practices.  That rather unseemly development is this:  expectant beneficiaries no longer wait until a person is dead to start fighting over inheritance money.  In more and more cases, the fights begin while the testator is still alive. A case decided earlier this month,….

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Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee Disputes

Power of Attorney Terminated Despite No Misconduct

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When a dispute arises inside a blended family over who will make substitute decisions for in incapable person, the court may have to step in. In Corewyn v McCulloch, 2015 ONSC 6039, Justice Sweeny appointed the incapable person’s daughter as her guardian, despite the existence of a valid power of attorney and the absence of any misconduct on the attorney’s part. Bill and Ena had been married for over thirty….

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

National Senior’s Day

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October 1 was National Senior’s Day.  This national day was created (by statute called the Celebrating Canada’s Seniors Act, S.C. 2010) to acknowledge the contribution of seniors to Canadian society and to the Canadian economy which this contribution being identified by the sharing of their experiences, expertise and knowledge with other generations and which was declared to be invaluable and ongoing in November 2010. October 1, 2015 was also the….

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Elder Care, Elder Law
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