Special Lectures 2010. A Medical-Legal Approach to Estate Planning and Decision Making for Older Clients
- Publisher:
- Irwin Law Inc.
- Publication date:
- 2011-09-08
- Authors:
- Law Society of Upper Canada
- ISBN:
- 9781552212110
Description:
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.
Preliminary Sections
- Preliminary Sections
- Preface
- A Medical-Legal Approach to Estate Planning, Decision Making, and Estate Dispute Resolution for the Older Client: Keynote Remarks
- Decision Making and Estate Dispute Resolution for the Older Client: A Geriatrician's Perspective
- The Practical Framework-Responding to Common Estate Issues when Representing the Older Client
- The Practical Framework-Responding to Common Legal and Medical Issues of the Older Client
- Setting the Stage: Interviewing the Older Client
- Confidentiality: Medical and Legal
- The Retainer
- Solicitor's Duty of Care
- Common Medical Conditions that Might Affect Competence in the Elderly: The 4Ds (Depression, Delirium, Dementia, Drugs)
- The Lawyer's Dilemma
- When Should the Lawyer Consult with the Medical Practitioner? What Should the Lawyer Ask? What Are the Reasonable Expectations? Who Should Be Asked?
- Cognitive Neuroscience and the Solicitor's Approach to Mental Incapacity
- The Substitute Decisions Act: A Law of Unintended Consequences
- Taking Instructions: Red Flags Relating to Capacity and Undue Influence (How Do You Know There is a Problem?)
Review
- The Wills of Older People: Risk Factors for Undue In?uence
- Undue Influence and Suspicious Circumstances: 'A Whole Ball of Wax
- Understanding the Court's Approach to Allegations of Undue Influence and Suspicious Circumstances
- Preparation of Powers of Attorney and Wills to Withstand Attack
- Brave New World! The Cost of Proportionality in Will Challenges and Guardianship Disputes: Discovery, Summary Judgment and the Courts' Discretion in Fixing Costs
- Capacity Assessment by Attending Physician or Capacity Assessor
- Capacity Assessments by the Drafting Lawyer
- Methods of Attacking a Capacity Assessment
- Modern Estate Planning-The High Price of Not Talking
- Planning for Facilitated Family Meetings
- Approaches to Drafting Powers of Attorney?is Boilerplate Enough?
- Representing the Older Client (Capable or Not) in Guardianship Disputes
- Mediation and Other Strategies to Negotiate a Resolution
- Table of Cases
- Index