Healthcare

Total 44 Posts

Aging in Place: Who Coordinates the Coordinators in Complex Care Situations?

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A hand holds a red puzzle piece over grey pieces on a table.

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 help patients and their caregivers cope with transitioning to care in the home. The proliferation continues. More people want to….

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Caregiving, Elder Care, Elder Management, Geriatric Care Management, Healthcare

Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

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It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities…..

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

The Bio-Psycho-Social Approach to Capacity Evaluation

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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…..

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity

What is the Consent and Capacity Board?

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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. Once these questions are raised, the arena in which these disputes are heard, for the most part, is the Superior….

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Capacity Law, Elder Care, Elder Management, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Ushering in the Year of the Rabbit: Symbol of Longevity

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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…..

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Caregiving, Elder Care, Elder Management, Estate Planning, Family Conflict, Geriatric Care Management, Guardianship, Healthcare, Smart Ageing

Update on Suggested Amendment for Capacity to Consent to MAiD

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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…..

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Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying, Testamentary Capacity, Undue influence
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