Total 257 Posts
There appears to be a lack of consensus in the mental health field whether persons with a mental disorder-sole underlying medical condition can be adequately evaluated for capacity to consent to MAiD…..
More Commentary on the Evaluation of Capacity to Consent for MAiD Continue Reading »
Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management
Why is it important to determine a primary diagnosis and prognosis before assessing needs? Let’s get back to basics. If the dispute relates to the care of an elderly person, it is important to determine the person’s clinical baseline based on standardized assessments…..
Ushering in the Year of the Rabbit: Symbol of Longevity Continue Reading »
Caregiving, Elder Care, Elder Management, Estate Planning, Family Conflict, Geriatric Care Management, Guardianship, Healthcare, Smart AgeingThese days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues related to these trusts in family law, including the determination of what is considered “included” and “excluded” family property before….
Valuation of Interests in Discretionary trusts and Family Law Continue Reading »
Business Succession Planning, Contracts, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Investments, Property, Real Estate, Resulting Trust, Separation, Small Business, Spouse, Trusts, valuationToday’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend the Institute of Law Clerks of Ontario (ILCO) annual conference in Niagara-on-the-Lake. This conference brings together law clerks and paralegals working in various areas of law. It is a great opportunity to network with colleagues you have not….
ELDER ABUSE: A GROWING PROBLEM IN AN AGING POPULATION Continue Reading »
Capacity Law, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Geriatric Care Management, In the News, Joint Tenancy, Power of Attorney, Undue influence, Wills
I suggest “an appreciation of the impact MAiD will have on family members and friends” be included in fulfilling the proposed amendment of the appreciation test for consenting to MAiD. The proposed amendment would not mandate being bound by others’ opinions, but that that lack of ability to appreciate the views of one’s significant others would demonstrate a lack of ability to apply the relevant information to one’s circumstances…..
Update on Suggested Amendment for Capacity to Consent to MAiD Continue Reading »
Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence
A child’s relationship with their parents is complicated. If a child is in extended society care, previously known as being a Crown ward, that’s probably an understatement. But what happens in the unfortunate situation that a child under society care passes away? Nobody likes to contemplate the death of a child, but it raises all kinds of logistical questions. For one, who has the right to make burial arrangements for….
You’re not my mother! Continue Reading »
Estate Administration, Family Conflict, Funeral Planning