Articles

The authors explore the rising issue of elder financial abuse in Ontario, affecting 4-10% of seniors. The article identifies ten signs of financial exploitation, stresses the role of lawyers in prevention, and discusses legal recourses such as criminal charges and protective services. Emphasizing the urgency of addressing this problem, the authors advocate for a multi-faceted approach, including updated legal documents and awareness initiatives to protect seniors' financial well-being.

On October 19, 2023, experts gathered on the OBA’s panel and provided meaningful insights on comprehensive end-of-life planning. Beyond wills, the panel emphasized the importance of key documents, such as powers of attorney and advance care directives, to ensure that end-of-life wishes are well understood, documented, and followed. The audience was also reminded of the significance of family involvement, transparent communication, and early initiation of uncomfortable discussions.

This article details the Queen’s Elder Law Clinic's (QELC) initiatives to improve access to justice for seniors in South Eastern Ontario. Run by Queen’s law students, the QELC provides free legal services, specializing in drafting wills and powers of attorney. Offering pro-bono estates and elder law services to local seniors facing financial constraints and diminished capacity challenges, it emphasizes a client-centric approach and provides invaluable client-facing work experience for students.

The OBA Elder Law Section held its 2023 Elder Law Day on March 28, 2023. Concerns on issues of how the elderly are impacted by capacity issues, when and in what instances should litigation guardians be used, and how lawyers should assist clients with their care needs were the fulcrum of the three panels that had key experts in the industry. The Honourable Justice Gillese who was the keynote speaker.

The recent case of Bradford Estate v. Kingdon, 2022 ON SC 6204 should be of great interest to elder law practitioners as it interprets the Family Law Act in such a way that could create a great inequity for clients in very specific circumstances. Specifically, this case impacts clients who are going through what the media would term “grey divorce”, meaning they are separating from their spouse as an older adult.

This article reviews a recent BC Supreme Court case that revisited the principles to be considered when the court determines whether or not to order a capacity assessment in a guardianship proceeding; further, the article provides guidance for requesting and/or conducting effective capacity assessments.

Medical Assistance in Dying (MAID) is shifting. This article looks at upcoming amendments to the 2016 federal legislation. The author explains aspects of advance consent introduced in Bill C-7 which provides new perspective on who can and should be able to consent to MAID, as well as the timing and the level of consent required by those seeking medical assistance in dying.

Commentary on the Ontario Government's recent legislation allowing designated hospital staff to move patients to a long-term care facility without consent of the patient. In the authors' view, the legislation is problematic on several fronts.