All About Estates

Category: Elder Law

Total 110 Posts

When Parent and Child have a Joint Bank Account: Who Receives Funds upon Parent’s Death?

This blog has been written by Lily MacLeod [Associate] at Fasken LLP It is common for an elderly parent to set up a joint bank account with their adult child. This enables the child to help manage the parent’s finances freely and efficiently (either as the parent’s attorney for property…

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Videos and Wills: Helpful or Harmful?

Pictured: A screen grab from the music video for “Only Acting” by Kero Kero Bonito. It’s one of my favourite songs. It’s not quite about video wills, but it does show off some of the challenges of recording oneself. What are Video Wills? Some practitioners have floated the idea of…

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Aging in Place 3: Innovative Approaches to Complex Cases

This article is the third in a series exploring the challenges people may face when they choose ‘aging in place’ at home. While health care and personal needs may be complex, the family members or attorneys may also have to manage the entire household. With the added complexities and potential…

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Suggested Instructions for Attorneys for Personal Care: Limitations of Authority

It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities.

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The Life and Legacy of Gina Lollobrigida – An Estates Perspective

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery….

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The Bio-Psycho-Social Approach to Capacity Evaluation

Current approaches that define capacity in cognitive terms disregard concerns that emotional instability may disrupt capacity or that a person may be cognitively intact yet lack the capacity to give a valid consent. An alternative evaluative approach would be to view capacity holistically, as a combination of biological, psychological, and social (biopsychosocial) factors.

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Implementing Powers of Attorney for Personal Care: Game Changers for Managing Care

Medicine can do many things but at the end of life what matters most is not necessarily treatment but making peace with yourself on your terms. Atul Gawande, Being Mortal. Advanced care planning is an evolving process where individuals outline their wishes regarding their care and medical decision-making based on…

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Game Changers in Managing Care: Powers of Attorney for Personal Care (POAPC) & Substitute Decision Making

It’s Super Bowl Sunday as I write this, and in the lead-up to the game, football fans are debating what game changers may be possible to gain an advantage and win. Why not apply the same breakthrough analogy to address critical issues in managing care? What game changers can we…

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The Caregiver Crisis in Canada and How to Navigate It

The Caregiver Crisis in Canada Have you attended a social event lately with people aged 40 to 60? Often described as the ‘sandwich generation,’ they try to care for older family or friends while working full-time, coping with busy family lives, and raising children. No doubt the conversation will turn…

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More Commentary on the Evaluation of Capacity to Consent for MAiD

There appears to be a lack of consensus in the mental health field whether persons with a mental disorder-sole underlying medical condition can be adequately evaluated for capacity to consent to MAiD.

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