Elder abuses and dementia are an ugly, immoral and illegal combination. The reality is that it happens, more often than ever gets reported. With thanks to the New Horizons for Seniors Program, Caregiving Matters is pleased to produce a 100% virtual project that looks at a variety of issues facing people with dementia & their families.
Through this virtual series, we will explore a variety of legal issues and host inter-active Zoom events for caregivers and for the families of people with dementia. Our goal is to help these families learn about elder abuses and to be more mindful of their words and actions. Often elder abuse is not intentional and our goal is to educate the public to better understand some of the laws protecting people with dementia and how to prevent or stop abuses from occurring. Again, special thanks to the Government of Canada for funding this project.
1. Elder Abuse Prevention with Sergeant Tanya Tremble OPP
About OPP Sergeant Tany Tremble:
Tanya Tremble is a Detective Sergeant with the Ontario Provincial Police (OPP). Tanya has worked for the OPP for 23 years. She is currently the Abuse Issues Coordinator for Central Region OPP. Her job involves various investigations involving; domestic violence, sexual assault, child abuse, elder abuse, human trafficking and mental health. She also works closely with external partners in an effort to support victims of crime. Tanya has a degree from Carleton University in Criminology and Criminal Justice. She is currently completing her Masters of Public Safety – Counter Crime through Laurier University.
2. Lawyer Mark Handelman discusses the Ontario Consent and Capacity Board
About Mark Handelman:
Mark is expert in health care law, particularly: end of life decision-making, Powers of Attorney, Consent and Capacity Board applications, mediation, and mental health law. He is also an accomplished public speaker on health law issues. Currently, Mark sits on the Ontario Consent and Capacity Board. Here are a few details about that Board.
The Consent and Capacity Board is a provincial “quasi-judicial tribunal,” the equivalent in some jurisdictions of an “Administrative Law Court.” The board is a specialized tribunal that adjudicates issues such as: Whether a person meets the criteria for involuntary detention under The Mental Health Act; whether a person is capable to make his/her own health care decisions; who should make health care decisions for incapable patients; disputes about treatment decisions for incapable patients, whether among family members or between them and the treatment team, the most common dispute being whether to discontinue treatment at “end of life.
3. Lawyer Lisa Feldstein
We are honoured that Lisa Feldstein has joined this project to share her “Mismanaging Property, a four part mini-video series”. This series is for family caregivers who have a loved one with a mental illness.
Lisa is a health lawyer in Ontario. Her firm called Lisa Feldstein Law Office Professional Corporation is a health law firm that focuses on serving family members as they interact with the health care system as caregivers, decision-makers and advocates.
Here is Lisa’s 4 part mini video series that looks at a variety of topics that are important to families and caregivers.
Video #1. Power of Attorney of property
Video #2. Guardianship of property
Video #3. Joint bank accounts
Video #4. ODSP (Ontario Disability Support Plan) Trustee
Lisa also has made two very interesting videos that every family caregiver should watch. They are:
3 Tips for caregivers:
Who Is The Substitute Decision Maker?
About The Firm
Lisa Feldstein Law Office Professional Corporation is a health law firm that focuses on serving family members as they interact with the health care system as caregivers, decision-makers and advocates. We call our niche Family Health Law™.
Our primary mission is to serve the family – people trying to build families through assisted reproduction, people trying to access care and make decisions for family members, and people trying to manage health-related legal issues that have arisen within their family.
We help people create and protect their families. We navigate, advocate and empower. We aim to get results for clients without
incurring the time, expense and stress of going to court. We provide opinions on proposed legislation and take on novel cases. We become knowledgeable about unique areas of law, and write about emerging developments. We educate the public because we believe health law information should be available for everyone. We are entrusted with deeply personal legal problems and we take that responsibility very seriously. We change lives.
We know that if you are contacting us, you are going through a stressful time. Our goal is to take away the worrying with respect to the law. We will explain the legal issues and your options in plain English. We won’t talk to you using legal mumbo jumbo.
We are very thankful that Kimberly Whaley and Heather Hogan, estate litigation lawyers who often deal with Power of Attorney and End of Life issues, offered to do a podcast with us. During this podcast we discuss:
Who would make an appropriate attorney for property?
How will my attorney for property know the rules and obligations that apply to them when managing my property?
Is it a good idea to appoint more than one person as an attorney for property?
What if I appoint my two children as my attorneys for property and they can’t agree on how to manage my property?
If my attorney for property is managing my property, am I allowed to see my bank accounts and a copy of all financial transactions that my attorney undertakes on my behalf?
About Kimberly Whaley & Heather Hogan
Kimberly A. Whaley is the founder and principal of the Toronto law firm, Whaley Estate Litigation. She is also a solicitor of the Supreme Court of England and Wales.
Kimberly’s firm, Whaley Estate Litigation, was ranked nationally by the Canadian Lawyer magazine in January 2013, as one of the Top 5 Trusts and Estates Boutiques in Canada.
Heather B. Hogan is an associate with Whaley Estate Litigation. Her practice focuses on the areas of estate, trusts, capacity, fiduciary, and power of attorney litigation.
Prior to joining Whaley Estate Litigation, Heather was counsel for the Ministry of the Attorney General’s Office of the Public Guardian and Trustee (“OPGT”). Her work at the OPGT focused on civil and estates litigation, including capacity, guardianship and child protection proceedings.
Whaley Estate Litigation focuses on providing advice to, and representation of clients exclusively in the following areas: Will and Estate Challenges; Will and Trust Interpretations; Trust Variations; Dependant Support Applications; Guardianship Applications; Capacity Proceedings in the context of Testamentary Instruments, Power of Attorney documents, Marriage and Inter Vivos Gifting; Passing of Fiduciary Accounts; Trust Disputes; Power of Attorney Litigation; Fiduciary Litigation; Probate Applications; Solicitor’s Negligence; Elder Law and Elder Abuse; Consent and Capacity Board Proceedings including Appeals; and End of Life Decision Making.
We offer different forms of dispute resolution including mediation while acting both as mediators in such issues, as well as counsel facilitating resolution for our own clients by means of mediated settlement and other means of alternative dispute resolution. We act as Section 3 counsel under the Substitute Decisions Act providing advice pursuant to a Court Appointment. We act as agents to solicitors in agency retainers.
Issues of undue influence, capacity, fraud, forgery, suspicious circumstances, and the wrongful depletion of assets frequently arise in this practice area. Concepts of alienation and sequestering are also one’s which are prevalent. We assist clients in navigating these very difficult and emotional issues and concepts.
45 Saint Clair Ave. W.
Predatory marriages of seniors is a very real and important topic in our society today. Lawyer Steven Benmor helps us understand some of the complicated and stressful issues that families face. This is an emotional-packed topic that we should all be more aware of.
Steven’s insights shed some light on this issue and helps us better understand how the laws in Ontario deal with these situations. During our conversation, we talk about:
How are rights changed because of marriage?
How are rights changed because of separation?
How are right changed because of divorce?
What is a Power of Attorney and how does that interplay with a Will?
Can anyone get married in Canada…immigrant, same sex, terminally ill, incapable?
What does marriage do to a Will?
What is a Predatory Marriage?
What is the law in Ontario to prevent Predatory Marriages?
About Steven Benmor, B.Sc., LL.B., LL.M. (Family)
Steven Benmor has been certified as a Family Law Specialist by the Law Society of Upper Canada, holds a Masters of Laws degree in Family Law and is an adjunct Professor of Family Law at Osgoode Hall Law School at York University.
Mr. Benmor helps parents and spouses regarding custody of, and access to, children, child support, spousal support, property division, pension division, separation agreements, paternity agreements, marriage contracts, restraining orders, mobility rights, grandparents’ rights to access, variations of prior Family law orders and agreements and child protection.
Mr. Benmor has represented clients through all stages of divorce and separation and works closely with experts in related disciplines including family counselors, financial advisors, mental health professionals, child protection workers, custody/access assessors, forensic accountants, business valuators and private investigators.
Capacity is a very important topic when dealing with POA issues. During this podcast, lawyers Rosen and Sunshine give us an overview of capacity in Ontario. During our conversation, they help us understand more about:
What do we mean when we talk about capacity?
The different tests for and approaches to capacity
Capacity under the Substitute Decisions Act
Capacity principles from the Health Care Consent Act
Principles from the Case law / Real Life examples
About Lonny J. Rosen, C.S. & Elyse Sunshine
Lonny J. Rosen is certified by the Law Society of Upper Canada as a Specialist in Health Law. He advises individual, corporate and institutional clients with respect to health care legislation and policies, and represents clients in a wide range of civil and administrative proceedings. He regularly represents health professionals in complaint and discipline matters, investigations, audits and peer reviews, hospital privileges disputes and in hearings before various health tribunals. Lonny advises clients on a wide variety of health law issues, including with respect to privacy, the delivery of private health care and other aspects of practice management. His clients include health care professionals, administrators of health care facilities, professional associations, and individuals.
Elyse Sunshine assists health care professionals, health associations and organizations by providing advice and opinions with respect to regulatory, administrative and civil matters. Elyse has experience in assisting various health professionals.
Elyse has assisted professionals with matters before the various levels of court and tribunals, including the Health Professions Appeal and Review Board, the Health Services Appeal and Review Board and the Human Rights Tribunal. Elyse also assists health professionals and organizations with inspections and audits, including quality assurance reviews, independent health facility inspections and out-of hospital premises assessments. In addition to her advocacy practice,
Rosen Sunshine LLP
We also advise and represent professional associations, health care organizations and facilities, and owners and operators of health care facilities, institutions and clinics. Rosen Sunshine LLP was established in 2011 as a boutique health law firm. Our mission is to provide our clients with strategic, practical advice and fearless representation with any matter entrusted to us. We aim to provide clients with the highest level of service but to meet our clients’ needs in a cost-effective manner. Our practice includes all areas of health law advocacy and advice.
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