All About Estates

Category: Caregiving

Total 142 Posts

In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home?

Anna Chen, Associate, Gowling WLG (Canada) LLP This was the question addressed in the recent decision Orr v Orr, 2025 ONSC 4986. In Orr, 82-year-old William Orr (“Bill”) was diagnosed with advanced Alzheimer’s Disease and moved into a secure ward at McCormick Home, an accredited long-term care home in London,…

Continue Reading

Suffering In Silence: A Closer Look at Elder Abuse

This blog post was written by Dave Madan, Senior Manager, Scotiatrust Elder abuse remains one of the most underreported and misunderstood social issues, often concealed beneath the veneer of familial obligations and trust-based relationships. For professionals, understanding the intricate dimensions of elder abuse is not only a matter of professional…

Continue Reading

Lifestyle Changes Bring Increased Risk to Older Clients and Advisors – Part 2

In our last blog post, Lifestyle Changes Bring Increased Risk to Older Clients – Part1, we explored the need to rethink the planning paradigm for older clients and actively shift to assuming a 100-year lifespan. However, a 100-year lifespan does not necessarily equal 100 years of good health. We know…

Continue Reading

Lam v Law Estate: Gender bias permits variation of discriminatory will

Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s…

Continue Reading

Elder Care Gaps In Divorce And Blended Families

Elder care gaps occur as family structures change, and there may be unanticipated and challenging consequences. For parents who have long divorced, those who have remarried, and those with blended families, this may mean that adult children are now dealing with three or more parents and stepparents. As the caregiver…

Continue Reading

Controversies in Substitute Decision-Making Concerning Shelter for Alternate Level of Care Patients

Recently, an elderly patient suffering from moderate-to-advanced stage dementia, with behavioural complications, was hospitalized on a psychiatric admission. The patient, who was declared incapable to consent to treatment, was initially held involuntarily under the Mental Health Act, RSO 1990, C M.7 (the “MHA”). The patient had appointed a cousin as…

Continue Reading

Insights into Resolving Care Disputes – POAs for Personal Care – Part 3

On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to…

Continue Reading