Special Lectures 2010: A Medical-Legal Approach to Estate Planning, Decision-Making, and Estate Dispute Resolution for the Older Client (Two-Day Program)

Registration Closed

Registration for this course is now closed

Important Information

No materials will be available after the program.

All registrants will receive 30-day access to an an archived version of this program within 2 business days after the program.

Hardcopy materials purchases will be shipped after the program.

All prices are subject to applicable taxes.

Program originally held on April 14 & 15, 2010

Chair(s):

Brian A. Schnurr, C.S.
Schnurr Kirsh Schnurr Oelbaum Tator LLP

Dr. Kenneth I. Shulman
Sunnybrook Health Sciences Ctr University of Toronto

The Law Society of Upper Canada is proud to continue the tradition of our Special Lectures with the introduction of a new interdisciplinary, medical-legal program for 2010. This program has been designed to teach you how your practice can benefit from the synergies that exist among the legal, health, and caregiving professions when advising the increasing population of older adults and their families in matters relating to estate planning, decision-making, and estate dispute resolution. Sessions will be presented in a variety of discussion formats that highlight the viewpoints of both doctors and lawyers. Program advice will be practical and will emphasize the interplay between law, healthcare, and other related disciplines. A light lunch will be included.

We are pleased to welcome our Opening Keynote Speakers, The Honourable Justice Eileen E. Gillese, Court of Appeal for Ontario, and Dr. Mark Clarfield, FRCPC, Chief of Geriatrics and Director, Medical School for International Health, Soroka Hospital and Ben-Gurion University of the Negev (Israel).

This event is an Accredited Group Learning Activity (Section 1) as defined by the Maintenance of Certification program of The Royal College of Physicians and Surgeons of Canada, and approved by the Canadian Geriatric Society.

Program Content

You will learn about:

Day 1

  • Opening medical and legal remarks from keynote speakers
  • Practical framework - responding to common legal and medical issues dealing with older clients
  • Issues and approaches to interviewing the older client
  • Confidentiality - medical and legal
  • Lawyer's retainer (including s. 3 of the Substitute Decisions Act)
  • Standard of care for lawyers taking estate planning instructions - the sliding scale, the testator's circumstances, and how to serve the client while protecting yourself
  • Mini med-school for lawyers - a review of common medical conditions that affect capacity and vulnerability to undue influence and what are the red flags for lawyers
  • Consultation with the medical practitioner - when should the lawyer consult and what should the lawyer ask? And what are reasonable expectations?
  • Case presentations and discussions of fact situations

Day 2

  • Substitute Decisions Act after 15 years
  • Danger signs relating to capacity and undue influence - how do you know there's a problem?
  • Vulnerability to undue influence - a medical perspective
  • Courts' approach to allegations of undue influence and suspicious circumstances
  • Powers of attorney and wills - drafting to withstand attack
  • Ways to challenge powers of attorney and wills
  • Capacity assessment by the attending physician or capacity assessor
  • Capacity assessments by the drafting lawyer
  • Methods of attacking a capacity assessment
  • Facilitated family meetings and high conflict individuals
  • Approaches to drafting powers of attorney - is boilerplate enough?
  • Guardianship disputes and representing the older client (incapable or not)
  • Alternatives to litigation and mediation strategies

Speakers

Day 1

The Honourable Justice Eileen E. Gillese, Court of Appeal for Ontario

Dr. Mark Clarfield, FRCPC, Chief of Geriatrics and Director, Medical School for International Health, Ben-Gurion Univeristy of Negev

Dr. Barbara Clive, FRCPC, Geriatric Lead, Mississauga Halton LHIN, Credit Valley Hospital

Dr. Carole Cohen, FRCPC, Sunnybrook Health Sciences Centre

Mary Lou Dingle, Q.C., Lazier Hickey Lawyers LLP

Andrew Felker, C.S., Walker, Head

Arthur I. Fish, Borden Ladner Gervais LLP

Dr. Heather Gilley,, St. Michael's Hospital RGP Elders Clinic

Jan Goddard, Jan Goddard Professional Corporation

Dr. Nathan Herrmann, FRCPC, Professor, Faculty of Medicine, University of Toronto, Sunnybrook Health Sciences Geriatric Psychiatry

Hilary E. Laidlaw, C.S., McCarthy Tétrault LLP

Mary L. MacGregor, Dickson MacGregor Appell LLP

W.A. Derry Millar, Treasurer, The Law Society of Upper Canada

Brian A. Schnurr, C.S., Schnurr Kirsh Schnurr Oelbaum Tator LLP

Dr. Richard Shulman, Assistant Professor, University of Toronto; and Medical Director, Seniors Mental Health Services, Trillium Health Centre Seniors Mental Health Services

Dr. Kenneth I. Shulman, Sunnybrook Health Sciences Ctr University of Toronto

Marshall A. Swadron, Swadron Associates

Judith A. B. Wahl, Advocacy Centre For The Elderly

Susan J. Woodley, C.S., Woodley Law

Day 2

Jordan M. Atin, C.S., Atin Professional Corporation

Dr. Carole Cohen, FRCPC, Sunnybrook Health Sciences Centre

Justin W. de Vries, de Vries Litigation

Arthur I. Fish, Borden Ladner Gervais LLP

Dr. Heather Gilley,, St. Michael's Hospital RGP Elders Clinic

Jan Goddard, Jan Goddard Professional Corporation

D'Arcy J. Hiltz, Hiltz Szigeti Barristers and Solicitors

Eric N. Hoffstein, Fraser Milner Casgrain LLP

M. Elena Hoffstein, Fasken Martineau DuMoulin LLP

Ian M. Hull, C.S., Hull & Hull LLP

The Honourable Mr. Justice Thomas Lederer, Superior Court of Ontario

Julie A. Morton, PhD, Conscious Legacy Coaching

Margaret R. O'Sullivan, O'Sullivan Estate Lawyers Professional Corporation

Jordan D. Oelbaum, Schnurr Kirsh Schnurr Oelbaum Tator LLP

Archie J. Rabinowitz, C.S., Fraser Milner Casgrain LLP

Brian A. Schnurr, C.S., Schnurr Kirsh Schnurr Oelbaum Tator LLP

Liza C. Sheard, C.S., Evans Sweeny Bordin LLP

Dr. Kenneth I. Shulman, Sunnybrook Health Sciences Ctr University of Toronto

Anita Szigeti, Hiltz Szigeti LLP

Timothy G. Youdan, Davies Ward Phillips & Vineberg LLP

Details

Attend Live in Toronto at Osgoode Hall
Donald Lamont Learning Centre
The Law Society of Upper Canada
130 Queen Street West
Toronto, Ontario

or

View the Live Webcast from the convenience of your home or office computer

Hardcopy materials must be ordered in advance. If attending in person, you may place your order at the program for the registrant price of $25 plus applicable taxes. This pricing is only available up to the day of the program.

All prices are subject to applicable taxes.