This year’s volume contains an interdisciplinary, medical-legal program that was designed to teach legal professionals how their practices can benefit from the synergies that exist among the legal, health, and care-giving professions when advising the increasing population of older adults and their families in matters relating to estate planning, decision making and dispute resolution.
Table of Contents
A Medical-Legal Approach to Estate Planning, Decision Making, and Estate Dispute Resolution for the Older Client: Keynote Remarks
The Honourable Justice Eileen E. Gillese
Decision Making and Estate Dispute Resolution for the Older Client: A Geriatrician’s Perspective
Dr. A. Mark Clarfield, FRCPC
The Practical Framework—Responding to Common Estate Issues when Representing the Older Client
Brian A. Schnurr, C.S.
The Practical Framework—Responding to Common Legal and Medical Issues of the Older Client
Dr. Kenneth I. Shulman FRCPC
Setting the Stage: Interviewing the Older Client
Hilary E. Laidlaw, C.S.
Confidentiality: Medical and Legal
Judith A.B. Wahl
Marshall A. Swadron
Solicitor’s Duty of Care
Mary L. MacGregor
Common Medical Conditions that Might Affect Competence in the Elderly: The 4Ds (Depression, Delirium, Dementia, Drugs)
Dr. Nathan Herrmann, FRCPC
The Lawyer’s Dilemma
Mary Lou Dingle, Q.C.
When Should the Lawyer Consult with the Medical Practitioner? What Should the Lawyer Ask? What Are the Reasonable Expectations? Who Should Be Asked?
Dr. Richard Shulman, FRCPC and Susan J. Woodley, C.S.
Cognitive Neuroscience and the Solicitor’s Approach to Mental Incapacity
Arthur I. Fish
The Substitute Decisions Act: A Law of Unintended Consequences
Jan Goddard, C.S.
Taking Instructions: Red Flags Relating to Capacity and Undue Influence (How Do You Know There is a Problem?)
Liza C. Sheard
REVIEW The Wills of Older People: Risk Factors for Undue Influence
C. Peisah, S. Finkel, K. Shulman, P. Melding, J. Luxenberg, J. Heinik, R. Jacoby, B. Reisberg, G. Stoppe, A. Barker, H. Firmino and H. Bennett
Undue Influence and Suspicious Circumstances: “A Whole Ball of Wax”
Jordan M. Atin, C.S.
Understanding the Court‘s Approach to Allegations of Undue Influence and Suspicious Circumstances
The Honourable Justice Thomas R. Lederer
Preparation of Powers of Attorney and Wills to Withstand Attack
Eric N. Hoffstein and 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 and Angélique Moss
Capacity Assessment by Attending Physician or Capacity Assessor
Dr. Heather Gilley and Dr. Carole Cohen, FRCPC
Capacity Assessments by the Drafting Lawyer
M. Elena Hoffstein and Joanna Gorman
Methods of Attacking a Capacity Assessment
Anita Szigeti and Archie Rabinowitz, C.S.
Modern Estate Planning—The High Price of Not Talking
Ian M. Hull, C.S. and Suzana Popovic-Montag
Planning for Facilitated Family Meetings
Julie A. Morton, Ph.D.
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, C.S.
Table of Cases