A medical-legal approach to estate planning and decision making for older clients

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Record Type:

Book

Call Number:

KN122.M42L387 2010

Corporate Author:

Law Society of Upper Canada

Publisher:

Irwin Law

Publication Date:

2011

Additional Corporate Author:

Law Society of Upper Canada

Subject(s):

Estate planning - Ontario.
Estate planning - Decision making. - Ontario
Legal assistance to older people - Ontario.
Older people - Legal status, laws, etc. - Ontario.
Capacity and disability - Ontario.
Undue influence - Canada.
Older people - Health and hygiene - Ontario.
Older people - Family relationships - Ontario.
Dispute resolution (Law) - Ontario.

Series:

Special Lectures/ Law Society of Upper Canada

Table of Contents:

A medical-legal approach to estate planning, decision making, and estate dispute resolution for the older client: keynote remarks / Eileen E. Gillese Decision making and estate dispute resolution for the older client: a geriatrician's perspective /...

A medical-legal approach to estate planning, decision making, and estate dispute resolution for the older client: keynote remarks / Eileen E. Gillese
Decision making and estate dispute resolution for the older client: a geriatrician's perspective / A. Mark Clarfield
The practical framework: responding to common estate issues when representing the older client / Brian A. Schnurr
The practical framework: responding to common legal and medical issues of the older client / Kenneth I. Shulman
Setting the stage: interviewing the older client / Hilary E. Laidlaw -- Confidentiality: medical and legal / Judith A.B. Wahl
The retainer / Marshall A. Swadron -- Solicitor's duty of care / Mary L. MacGregor.
Common medical conditions that might affect competence in the elderly: the 4Ds (depression, delerium, dementia, drugs) / Nathan Herrmann
The lawyer's dilemma / Mary Lou Dingle
When should the lawyer consult with the medical practitioner? What should the lawyer ask? What are the reasonable expectations? Who should be asked? / Richard Shulman & Susan J. Woodley
Cognitive neuroscience and the solicitor's approach to mental incapacity / Arthur I. Fish
The Substitute Decisions Act: a law of unintended consequences / Jan Goddard
Taking instructions: red flags relating to capacity and undue influence (how do you know there is a problem?) / Liza C. Sheard
The wills of older people: risk factors for undue influence / C. Pesiah, et.al.
Undue influence and suspicious circumstances: 'a whole ball of wax' / Jordan M. Atin
Understanding the court's approach to allegations of undue influence and suspicious circumstances / Thomas R. Lederer
Preparation of powers of attorney and wills to withstanad attack / Eric N. Hoffstein & Jordan D. Oelbaum
Brave new world! The cost of proportionality in will challenges and guardianship disputes: discovery, summary judgment and the courts' discretion in fixing costs / Justin W. de Vries & Angélique Moss
Capacity assessment by attending physician or capacity assessor / Heather Gilley & Carole Cohen
Capacity assessments by the drafting lawyer / M. Elena Hoffstein & Joanna Gorman
Methods of attacking a capacity assessment / Anita Szigeti & Archie Rabinowitz
Modern estate planning: the high price of not talking / Ian M. Hull & Suzana Popovic-Montag
Planning for facilitated family meetings / Julie A. Morton
Approaches to drafting powers of attorney: is boilerplate enough? / Margaret R. O'Sullivan
Representing the older client (capable or not) in guardianship disputes / D'Arcy J. Hiltz
Mediation and other strategies to negotiate a resolution / Brian A. Schnurr

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Notes:

Papers delivered at a conference held April 14-15, 2010 in Toronto, Ont.
Includes bibliographical references and index.

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