On November 6, 2024, I had the pleasure of attending the Ontario Bar Association’s virtual webinar on representing elderly clients in litigation. The event brought together legal professionals from a variety of backgrounds and practice areas, including estates law, employment law, personal injury law, and mediation to discuss the legal considerations, and potential complications, that accompany representing older clients.
The webinar was chaired by Jonah Waxman of Weirfoulds LLP and featured four speakers: Lidia Mariam Benoji of Elm Law PC, Daniel Fisher of Howie, Sacks & Henry LLP, Trevor Moum of Pallett Valo LLP, and Stuart Rudner of Rudner Law.
ELDERLY CLIENTS IN AN ESTATES PRACTICE
Ms. Benoji began the webinar by discussing tips and best practices that can be incorporated into an estates practice. She shared that in the context of estate litigation, there are often personal, familial history and emotions involved, and concerns about an elderly client’s capacity adds a further layer of complexity. As the baby boomer generation continues to age, lawyers are facing more and more clients with some form of dementia, and client management needs to adapt accordingly.
She provided several indicators to watch for when dealing with older clients to assess capacity, including whether:
- your initial contact with them was through them directly or with a family member or friend;
- they could express their needs and expectations clearly;
- they can complete an intake form independently;
- they return follow-up calls or forget previous conversations you have had with them; and
- they can remember the date and time of scheduled appointments.