All About Estates

Category: Geriatric Care Management

Total 106 Posts

Some Thoughts on Explaining Differences in Expert Opinions

Experts giving evidence in an Ontario court are obliged to sign an acknowledgement that they are independent, with their obligation being to the court and not to the party who retained them. Nonetheless, scepticism regarding objectiveness and discrepancies between expert opinions remains, as demonstrated in the reasons of Justice Mesbur…

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Pre-arranging for Personal Care

This blog was written by Sally Lee, LLB – Estate and Trust Consultant with Scotia Wealth Management Recently, I met a prospective client (let’s call her Jane) who told me she did not have anyone to appoint as her attorney for personal care. It appeared that this issue was the…

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When Cash is not King?

Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit…

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Year End Wishes for Changes to Care for Patients with Dementia

Health Quality Ontario, in collaboration with clinical experts, patients, residents, and caregivers across the province, is developing quality standards for care providers in Ontario. I participated in developing the quality standard: Behavioural Symptoms of Dementia: Care for Patients in Hospitals and Residents in Long-Term Care Homes. This quality standard focuses…

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Statutory Guardianship of Property vs. a Continuing Power of Attorney for Property: They are not the same!

My June 2017 blog described that most seniors appoint a continuing power of attorney for property (CPOAP), partly to avoid having the Office of the Public Guardian and Trustee (OPG&T) assume the role of statutory guardian of property under the Substitute Decisions Act (SDA) or the Mental Health Act (MHA)…

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When More Help is Needed: Moving Seniors with Dementia to Care Facilities

Section 4(1) of the Health Care Consent Act (HCCA) sets out a two-part test for determining whether a person has the capacity to consent to medical treatment, to be admitted to a care facility, or to receive a personal assistive service/device: Is the person able to understand information relevant to…

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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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Assisting Detection of Hospital Acquired Delirium by Informal Caregivers – The Sour Seven

In the March 2018 edition of Reader’s Digest, I came across an article called “State of Confusion”[i] about hospital acquired delirium and the negative consequences that can arise from it. (The author’s original article can be found online.)[ii] The editor’s letter “Decoding Delirium”[iii] in the same issue recounts her mother’s…

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Medical assistance in dying

The Canada Revenue Agency (CRA) was asked whether medical assistance in dying would be considered a medical service for the purpose of the medical expense tax credit (METC).  Not surprising, their answer was yes. In their view, the services for medical assistance in dying are medical services for the purpose…

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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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