December 2019

Concerns about Consent for Cannabis Prescriptions in LTC

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Last month I wrote about the issue of consent for CPR, explaining that the Court in Wawrzyniak v. Livingstone confirmed that a physician’s duty is to his or her patient and not the interests of the substitute decision-maker (SDM). Treatments that are not believed to be in the interests of the patient and do not meet the standard of care do not need to be offered just because the SDM….

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Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney

Alter Ego Trusts: Every Rose Has Its Thorns

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This article was first published in STEP Insider. Historically, individuals have taken comfort in the knowledge that their last will and testament is a statement of their final wishes for the disposition of their accumulated wealth. However, in the face of increasing wills litigation and fees payable in connection with obtaining probate, advisers are now seeking planning alternatives to traditional wills. One such alternative is the alter ego trust, a….

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Trusts

Proposed relief for inter-vivos trusts

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A recent letter from officials of Tax Legislation Division provides hope for trusts established for an individual eligible for the Disability Tax Credit (DTC) to qualify for the principal residence exemption. Specifically, the letter addressed concerns raised by an adviser in respect of her client regarding the benefit of the client’s DTC-eligible son, who was otherwise ineligible for the principal residence exemption. On October 3, 2016, income tax measures were….

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Elder Care, Estate Planning, Executors

T’was the fight before Christmas: My Holiday Jingle

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Back by popular demand, my holiday jingle- hopefully to make you gingle! T’was the fight before Christmas, when all families know, It’s better to forgive than tell them to F. O., Mom probably liked you better, if memory serves, So while I am a P.O.A., she will get what she deserves Come on siblings and get off your butts, I need alittle help, ‘cause I really am going nuts, I….

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Elder Care

It’s Time to Ring in a New Year, A New Decade with Change

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. The Ontario government has tabled a new Bill that would see a change to various Acts and would look to simplify court matters.  Bill 161 – Smarter and Stronger Justice Act, 2019 is set to become a reality if it can pass through the legislature when….

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Estate Administration, Estate Administration and Probate Applications

Is Santa thinking about Estate Planning?

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This blog was written by Hardeep Nandra As we are getting closer and closer to Christmas Eve, Santa is getting ready to deliver the presents. He is ironing his red suit, polishing his boots, and grooming his luscious beard to make a fancy entrance. Time around Christmas brings joy and delight to everyone around the world, but it also brings a huge amount of stress on Santa, to deliver all the….

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Estate Planning
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