Elder Law

Total 116 Posts

Year End Wishes for Changes to Care for Patients with Dementia

• • 0 Comments

Health Quality Ontario, in collaboration with clinical experts, patients, residents, and caregivers across the province, is developing quality standards for care providers in Ontario. I participated in developing the quality standard: Behavioural Symptoms of Dementia: Care for Patients in Hospitals and Residents in Long-Term Care Homes. This quality standard focuses on care for people living with dementia and displaying behaviours of agitation or aggression in an emergency department, a hospital,….

Year End Wishes for Changes to Care for Patients with Dementia Continue Reading »

Capacity Law, Caregiving, Elder Care, Elder Law, Geriatric Care Management, Healthcare

Foundations with Donor Advised Funds

• • 8 Comments

The current Special Senate Committee on the Charitable Sector seems to be quite interested in “donor advised funds” or DAFs. In particular, members of the Committee are suggesting that the Income Tax Act should be changed to require individual funds to have minimum disbursement quotas and separate regulatory reporting. This policy trial balloon is worth debating. If for no other reason than a lot of Canadians now have their philanthropic….

Foundations with Donor Advised Funds Continue Reading »

Elder Law, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same!

• • 2 Comments

My June 2017 blog described that most seniors appoint a continuing power of attorney for property (CPOAP), partly to avoid having the Office of the Public Guardian and Trustee (OPG&T) assume the role of statutory guardian of property under the Substitute Decisions Act (SDA) or the Mental Health Act (MHA) should the person become incapacitated. The majority appoint a family member who they assume they can trust. I questioned at….

Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same! Continue Reading »

Capacity Law, Disability, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Undue Influence by “Unwitting Proxy”

• • 0 Comments

Undue influence results in benefits to a beneficiary/donee which would not have occurred except for the undue influence imposed by the beneficiary/donee upon the testator/donor. Undue influence can be conceptualized into two distinct types: (1) “actual” undue influence and (2) “presumed” undue influence. Actual undue influence is concerned with coercive or deceptive behaviour. As explained by Lord Justice Lindley in the seminal case of Allcard v. Skinner,[i] actual undue influence….

Undue Influence by “Unwitting Proxy” Continue Reading »

Capacity Law, Elder Law, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Resulting Trust, Testamentary Capacity, Trustee, Trustee Disputes, Undue influence

When More Help is Needed: Moving Seniors with Dementia to Care Facilities

• • 0 Comments

Section 4(1) of the Health Care Consent Act (HCCA) sets out a two-part test for determining whether a person has the capacity to consent to medical treatment, to be admitted to a care facility, or to receive a personal assistive service/device: Is the person able to understand information relevant to making the decision; and Is the person able to appreciate the consequences of a decision or lack of a decision?….

When More Help is Needed: Moving Seniors with Dementia to Care Facilities Continue Reading »

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

Space Oddity: Why One of the Original Moonwalkers is Having to Sue his Children

• • 0 Comments

This blog was written by Ronald Neal, student-at-law at de VRIES LITIGATION LLP. Even those with the “right stuff” are not immune to elder abuse.  Such is the apparent case with Buzz Aldrin, a retired astronaut, lunar module pilot, and engineer who is now finding himself in the midst of a legal battle that may yet bring as many challenges and difficulty to him in his twilight years as his….

Space Oddity: Why One of the Original Moonwalkers is Having to Sue his Children Continue Reading »

Capacity Law, Elder Care, Elder Law
Scroll to Top