All About Estates

Category: Elder Law

Total 64 Posts

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

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…

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Ageism: An (un)accepted form of discrimination in the workplace

Written by Jessica Rochman Fowler The tech industry is no stranger to age bias in employment practices. Several articles have been written over the past few years about ageist assumptions that permeate the tech world, including that older people can’t keep up with improving technology, or that older employees should…

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Medical Assistance in Dying (MAiD) and Undue Influence

In 2015, the Supreme Court of Canada held that the ban on Medical Assistance in Dying (MAiD) was unconstitutional (for a summary of the decision, click here). However, MAiD is not available to all persons; to qualify, a person requesting MAiD must have a grievous and irremediable medical condition including…

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Could There Have Been A Different Outcome?

Case Example 1:   John,  was a 93 year old, well -to -do gentleman, never married  and had no known family.   He lived in his own home in a nice part of the city.  His next door neighbor had kept an eye out and assisted him over the years by shoveling…

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To Kill a Mockingbird, part II

This Blog was written by: Natalie Bender   For many of us, Harper Lee’s acclaimed novel “To Kill a Mockingbird” was a staple on our high school reading list (and was likely one we re-visited in university). The novel is a Pulitzer Prize winner, and has become a classic in…

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Crisis in our LTC Homes Continued #2

The sad story of our Long Term Care crisis continues and this blog will focus on what’s available and the seniors who apply for them.  As we know, Long Term Care homes provide Ontario residents with access to 24 hour nursing and personal care and are available to those 18…

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Capacity Evaluation of an Expressed Choice

In law, expressed choices are not necessarily a reflection of capable decision making. For example, regarding testamentary capacity, the Ontario Court of Appeal in Hall v. Bennett Estate (2003)[i] stated in paragraphs 15 and 16 that it is not sufficient simply to show that a testator had the capacity to…

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A New Caregiving Benefit

While employed family caregivers (over age 60) in Hawaii are now eligible to receive a $70 per day stipend to pay for additional care support for  a family member, we have something different. As of December 3, 2017  there was a new EI Family Caregiver Benefit which provides for “eligible…

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A Directed Death

My first blog of the New Year  may be about death. But it is about having as good a death as possible- (in your own bed while asleep) and of your choosing…..A recent  blog was about  a fellow who wanted to ensure his dying wishes would be followed which involved…

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The SDA and Incapacity to Manage Personal Care – Another Example of a Limitation In Legislation

A frequent clinical challenge for doctors caring for seniors in hospitals is assessing decision making capacity and discharge planning. The following question arises; “Doctor, is the patient ‘capable’ to return home?” The problem with this question is the doctor has no authority in determining the answer. As per Section 45…

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