All About Estates

Category: Geriatric Care Management

Total 126 Posts

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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When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan

I do a lot of work in the insurance industry. Recently, I came across a court case which I thik is a cautionary tale for estate planners and executors. In Gregson v. CAA Insurance., 2021 ONSC 3041, Ms. Gregson was a property owner and name insured on March 17,2017 when…

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The medical expense tax credit: COVID-19 tests and vaccines

With the requirements for COVID-19 tests for entry into Canada and vaccines, the Canada Revenue Agency (CRA) was asked to comment on the availability of the medical expense tax credit (METC). Medical expenses which are eligible for the METC are limited to those described in our tax rules. If a…

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Suggestions to Reduce the Potential for Elder Financial Abuse

I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property.

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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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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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Physical Restraint of Confused Seniors in Ontario Hospitals

Section 7 of the Health Care Consent Act (1996)[i] provides direction for restraint and confinement in a care facility. It states: “This Act does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to…

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Guardian of Personal Care: Step Up or Step Out

While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants.

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Reflections From the COVID-19 Frontline

Dr. Shulman reflects on his experiences with COVID-19 in the Seniors Mental Health Unit at Mississauga Hospital.

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