All About Estates

Tag: elder law

Total 7 Posts

Can Alzheimer’s Patients Consent to Care Without Speaking?

The British Columbia Court of Appeal released its decision in Bentley v. Maplewood Seniors Care Society earlier this year. The closely watched case involved a late-stage Alzheimer’s patient who was supposedly consenting to being fed by opening her mouth when a spoon or glass was placed on her lower lip. The case raises…

Continue Reading

Barriers to Communication Masked as Symptoms of Incapacity – A Reminder

Last week, in my blog entitled “Red Flags of Incapacity”, I mentioned that certain barriers and physical changes associated with aging can be mistaken for signs of incapacity. As professionals, we need to be able to separate these from actual signs of incapacity, and work to reduce or eliminate their…

Continue Reading

Presumption of Capacity and Duty of a Solicitor

A person who is over the age of 18 is presumed to be capable of entering into a contract, and the rest of the world is entitled to rely upon this presumption unless they have reasonable grounds to believe otherwise. However, the court in England was recently asked the question of whether a solicitor dealing with an elderly person had “no reasonable grounds to suspect incapacity”; to prove the negative and to set a standard with respect to the issue of contemporaneous notes.

Continue Reading

Legal Advocacy for Canada’s Aging Population

Twenty years from now seniors are expected to account for 25% of Canada’s total population. How will the legal community meet the needs of Canada’s aging population?

Continue Reading