Elder Law

Total 116 Posts

Barriers to Communication Masked as Symptoms of Incapacity – A Reminder

Last week, in my blog entitled “Red Flags of Incapacity”, I mentioned that certain barriers and physical changes associated with aging can be mistaken for signs of incapacity. As professionals, we need to be able to separate these from actual signs of incapacity, and work to reduce or eliminate their effect as much as possible. These barriers include vision impairment, hearing impairment, and the beginning stages of dementia.  As people….

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Capacity Law, Elder Law, Estate Planning

Presumption of Capacity and Duty of a Solicitor

A person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.
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Capacity Law, Elder Care, Elder Law, Estate Litigation, Family Conflict

Addressing the Needs of Elderly Patients and Emerging Healthcare Solutions

Emergency rooms just for the elderly? 1 in 11 Canadians over the age of 65 currently have Alzheimer’s disease or a related dementia. As baby boomers age, the needs of elderly patients, especially those with dementia, pose new challenges to the medical community.

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Elder Care, Elder Law, In the News

Financial Abuse of Elders – The Role of the Police

While many of us our familiar with the general dynamics of the financial abuse of elders, and, may in fact have engaged in planning in an effort to thwart such abuse or in litigation resulting from such abuse, most “estate professionals” are much less familiar with the role law enforcement plays with respect to the issue. ….

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Elder Law, Estate Planning
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