Recently, I returned for my fourth annual presentation to a group of older gentlemen about planning for the last decade of life. With more than fifty in the audience each year, the participants are a good cross-section of men in their 80s. They are a lively, well-informed group of retired…
Everyone knows the tragic Shakespeare tale of how Juliet awakens from her “death” to discover that her love Romeo had taken his life, believing that Juliet had really died. Juliet, in her own state of sorrow, stabs herself with a dagger and is joined forever with her love Romeo. This…
In my last blog, I described the Court’s expectation for confirming a finding of incapacity: namely, that compelling evidence is required to override the presumption of capacity. Such evidence may include corroborative information. However, the Court has warned assessors to be alive to the presence of improper motives of informants…
This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time…
This past week, Canada took another step forward to address fundamental changes in access to services for mental health. The 988 Suicide Crisis Hotline went live to provide immediate contact and support services for those in a mental health crisis. Calling or texting 988 gives anyone free twenty-four access to…
Many older people are choosing the option of ‘aging in place’ at home, and as they age, some will have complex health care and personal care needs. To effectively plan for care and manage the care journey, the person responsible for managing their care will need easy access to secure…
As our population ages, more people are faced with caring for an elderly family member who wishes to remain at home despite their complex health and personal care needs. A few years ago, I wrote an article about the proliferation of healthcare coordinators, navigators, and community care coordinators trying to…
It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities.
Current approaches that define capacity in cognitive terms disregard concerns that emotional instability may disrupt capacity or that a person may be cognitively intact yet lack the capacity to give a valid consent. An alternative evaluative approach would be to view capacity holistically, as a combination of biological, psychological, and social (biopsychosocial) factors.
Capacity is a key component of estate litigation, especially in guardianship and attorneyship disputes. Questions of when someone has begun acting as an attorney for property and whether a person had the requisite capacity to designate a party as their attorney are some of the ways this issue plays out….