All About Estates

Category: Elder Law

Total 96 Posts

Capacity to Consent to MAiD: A Suggestion For Amendment

I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends.

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Dementia, Health Law and Discharge Planning Challenges

A clinical dilemma: a patient was diagnosed with dementia in the mild-to-moderate stage requested to be discharged home from hospital to live alone despite the opinion of the attorney for personal care and property that the patient is unsafe to do so. The clinical opinion was also that the patient…

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The Importance of Fiduciary Duties

The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1)…

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Changes to Consent to Medical Assistance in Dying

Changes to MAiD laws will allow some patients whose deaths are foreseeable to provide advance directives regarding medical assistance in dying.

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You Are No Longer Welcome Here

I recently had a very negative experience with the administration of one of the Long Term Care residences where our client  has resided over the last four years.   The PSW’s from a reputable home care company were told that they were no longer welcome  in this facility.  While I am…

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No Costs For You!

The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth…

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MAID Update – Bill C-7

The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID.

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Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care

Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make…

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New Year, New Encounters

Another year, another lockdown. It was not my intention for my first blog of 2021 to concern COVID-19 but, alas, here we are. Although COVID-19 continues to impact our daily lives, new measures have been implemented by the Courts and by Legal Practices to allow us to continue to properly…

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Third Party Appeals of Healthcare Decisions

As reported in the media[i] [ii] [iii], Nova Scotia’s appeals court recently heard a case involving a woman who is trying to stop her husband from receiving medical assistance in dying (MAiD). The woman is appealing a lower court decision that rejected her request for an interlocutory injunction against her…

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