Kira Domratchev, Partner, Gowling WLG (Canada) LLP Many of us are familiar with the concept of a Henson Trust, as it comes across our desks fairly frequently, both in the context of litigation and planning. A Henson Trust is a trust where the trustee is given an absolute and unfettered…
“If I become a vegetable, I want my doctor to pull the plug!” is a sentence that many non-medical professionals have heard their client say. If you’ve ever wondered: how can I make sure my client’s medical wishes are respected? This article is for you as it gives an overview…
Recently, I returned for my fourth annual presentation to a group of older gentlemen about planning for the last decade of life. With more than fifty in the audience each year, the participants are a good cross-section of men in their 80s. They are a lively, well-informed group of retired…
Everyone knows the tragic Shakespeare tale of how Juliet awakens from her “death” to discover that her love Romeo had taken his life, believing that Juliet had really died. Juliet, in her own state of sorrow, stabs herself with a dagger and is joined forever with her love Romeo. This…
In my last blog, I described the Court’s expectation for confirming a finding of incapacity: namely, that compelling evidence is required to override the presumption of capacity. Such evidence may include corroborative information. However, the Court has warned assessors to be alive to the presence of improper motives of informants…
This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time…
This past week, Canada took another step forward to address fundamental changes in access to services for mental health. The 988 Suicide Crisis Hotline went live to provide immediate contact and support services for those in a mental health crisis. Calling or texting 988 gives anyone free twenty-four access to…
Many older people are choosing the option of ‘aging in place’ at home, and as they age, some will have complex health care and personal care needs. To effectively plan for care and manage the care journey, the person responsible for managing their care will need easy access to secure…
As our population ages, more people are faced with caring for an elderly family member who wishes to remain at home despite their complex health and personal care needs. A few years ago, I wrote an article about the proliferation of healthcare coordinators, navigators, and community care coordinators trying to…
It is just as important to know the limitations of a power of attorney for personal care as it is to know your responsibilities.