Articles 2023

At a recent OBA Elder Law Section program on representing elderly clients in litigation, participants learned about navigating the complexities of representing elderly clients with a focus in estates, personal injury and employment law. Key takeaways included indicators to watch for when assessing a client’s capacity, tips for addressing frequent concerns or difficulties that can arise and how to address them, and understanding the difference between section 3 counsel and litigation guardians.

On Thursday, June 20, 2024, the OBA Elder Law Section hosted its 2024 Elder Law Day which focused on addressing advanced issues in Elder Law. Participants came together to learn from experts in their field regarding the latest developments in the law and the current issues impacting our aging population.

As the Canadian population continues to age, elder financial abuse remains a growing concern. Financial elder abuse cases may seem clear cut, but they can present numerous challenges that make the road to resolution difficult for litigators. This article summarizes the key challenges that present themselves when lawyers take on elder financial abuse cases and highlights the strategies that they can employ to combat these challenges, even before the case begins.

This article sheds light on the reality of elder abuse in our society today and its unfortunate increase in prevalence as our population ages. Seven different types of elder abuse are identified as well as the harmful behaviours commonly associated with each. The aim of the article is to highlight red-flags that legal practitioners should be on the look out for when meeting with elderly clients and to provide practise tips for identifying and addressing signs of elder abuse.

This article explains how capacity and consent laws guide the appointment of decision-makers and consent protocols for legal and medical matters. Kim Gale and Jessica Campolucci stress the importance of assessing seniors' capacity on a case-by-case and the role of attorneys and guardians in safeguarding their interests. The article aims to empower legal practitioners with the knowledge to uphold seniors' autonomy and dignity in decision-making.

This article explores the ethical issues in getting consent and assessing capacity for elderly individuals with cognitive impairments. As the global population gets older, it is crucial, now more than ever, to protect their independence in legal decisions-making. Lawyers can employ strategies such as effective communication, advocating for advance directives, facilitating choice processes, and upholding ethical principles.

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.