Elder Law

Total 116 Posts

Family time, less than it used to be…..

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Recently I had the pleasure of taking a vacation with my mother and husband. As it turned out, it was a family oriented resort which put us in the middle of young parents and young children. Now while several of our friends have grandchildren, my boys are not there yet.  So…..we spent several days enjoying inter generational families  (grandparents and grandchildren) enjoying each other’s company. This ‘family time’ reminded me….

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Elder Law

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

New Guidelines on Provision of CPR in Hospitals

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The case of Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII) is a landmark decision that readers may find interesting. It clarifies physicians’ obligations with respect to the writing of no-CPR (cardiopulmonary resuscitation) orders and the provision of CPR in Ontario hospitals. The decision has led to the College of Physicians and Surgeons of Ontario (CPSO) to update their policy addressing end of life care.[i] Until now, the policy from the….

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Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Medical Assistance in Dying, Power of Attorney

Dementia and MAID

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Medically assistance in dying (MAID= Bill C14) for eligible Canadians was passed by federal legislation in June 2016.  To recap, eligibility includes: Being 18 years and older and mentally competent Having a grievous and irremediable medical condition Making a voluntary request for MAID that is not the result of outside pressure or influence Providing informed consent. Grievous and irremediable has been defined as: Having a serious illness, disease or disability….

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Elder Law, In the News, Medical Assistance in Dying, Uncategorized

Divisional Court Sets Aside Decision Ordering a Passing of Accounts

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In Foisey v. Green, the Divisional Court allowed an appeal of the application judge’s decision that set aside a release signed by a beneficiary who was later deemed incapable of managing property. I previously wrote about the earlier  decision that was under appeal. The appellant, Ms. Green, was an estate trustee who administered her brother’s estate.  One of the beneficiaries of the estate was her estranged sister, Ms. Foisey. Ms…..

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Elder Law, Estate Administration, Estate Litigation

When Spouses “Separate” Due to Changing Medical Needs

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This blog was written by Christina Papadopoulos, student-at-law at de VRIES LITIGATION LLP. How does a physical separation caused by the admission of one spouse into a long-term care facility impact the interpretation of a will? This was the question posed to the Ontario Superior Court of Justice in Stuart v. Stuart, 2019 ONSC 4328. In that case, a married couple lived together in a property they owned as tenants….

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Contested wills, Elder Care, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Spouse, Wills
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