All About Estates

Category: Geriatric Care Management

Total 122 Posts

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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One Conversation Can Make All The Difference

Last week I shared that as of April 19, 2020, there were 112 long-term care homes in Ontario  impacted by COVID-19 outbreaks and as of April 26, there are now 147 facilities affected with 654 confirmed resident deaths. This number is staggering. What I do understand is that many of…

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No Passing of Accounts Unless “Significant Concern”

Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to…

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Forensic Profile of Perpetrators of Financial Elder Abuse

Financial elder abuse is defined by the World Health Organisation as the illegal or improper exploitation or use of funds or resources of the older person.[i] The misuse of a senior’s funds and assets involves the use of the senior’s funds without that senior’s knowledge and/or full consent, or, in…

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Concerns about Consent for Cannabis Prescriptions in LTC

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…

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