Geriatric Care Management

Total 148 Posts

The medical expense tax credit: COVID-19 tests and vaccines

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With the requirements for COVID-19 tests for entry into Canada and vaccines, the Canada Revenue Agency (CRA) was asked to comment on the availability of the medical expense tax credit (METC). Medical expenses which are eligible for the METC are limited to those described in our tax rules. If a particular expenditure is not described as an eligible medical expense, or if the conditions under which the expenditure would qualify….

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Canada Revenue Agency, Costs, Elder Care, Executors, Geriatric Care Management, Healthcare, Tax Issues, United States

Suggestions to Reduce the Potential for Elder Financial Abuse

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I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property…..

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Capacity Law, Caregiving, Elder Care, Estate Planning, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes

MAID Update – Bill C-7

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The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID…..

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Capacity Law, Caregiving, Courts, Disability, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying

Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care

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Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make a contract, a gift, or execute a will; to marry, divorce and/or reconcile. In healthcare, clinicians are confronted mostly with….

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Capacity Law, Disability, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence

Third Party Appeals of Healthcare Decisions

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As reported in the media[i] [ii] [iii], Nova Scotia’s appeals court recently heard a case involving a woman who is trying to stop her husband from receiving medical assistance in dying (MAiD). The woman is appealing a lower court decision that rejected her request for an interlocutory injunction against her husband until the full case can be heard on its merits. The man’s request for MAiD was clinically approved and….

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Spouse

Physical Restraint of Confused Seniors in Ontario Hospitals

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Section 7 of the Health Care Consent Act (1996)[i] provides direction for restraint and confinement in a care facility. It states: “This Act does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others.” Nonetheless, the Patient Restraints Minimization Act (2001)[ii] was passed in Ontario to discourage the use….

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Disability, Elder Care, Elder Law, Geriatric Care Management, Healthcare
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