Elder Law

Law, Policy and Older Adults: Putting it into Context

Overview of the complex legal environment that is Elder Law, including legislation and case law.

The Intersection of Ageism and Ableism

• Understanding how ageism and ableism interact and can result in discrimination of clients and other older adults
• Determining obligations under the human rights code for the equal treatment of older adults
• Dealing with ageism in the workplace

Understanding the Ageing Process

Understanding human ageing, its impact on individuals, and what this means for those who work with older adults.

Tackling Accessibility Barriers Obstructing Seniors with Disabilities in the Health-Care System

Interviewing Elderly People: Understanding Communication and Enhancing Interviewing Skills

Interview Technique Demonstrations

Following a presentation on communication skills, you will witness live and interactive virtual demonstrations designed to help you enhance your interview skills. You will learn:

• Different approaches to communication
• When/how long to interview
• How to assess the impact of stress
• To be sensitive to pain and fatigue
• To recognize and be sensitive to cultural issues

Faculty

• Benjamin D. Arkin, Arkin Furrow Estate Law LLP
• Lauren Bates, Consultant, Community Engagement and Policy Reform
• Krista James, Policy Director & Senior Legal Counsel, Vancouver Coastal Health; Adjunct Professor, Peter A. Allard School of Law at UBC
• Kerry Knickle, LLM (ADR), Executive Director, Communication Matters: INESRA, Faculty Member, Centre for Faculty Development, University of Toronto
• Nancy McNaughton, PhD, Communication Matters: INESRA, Assistant Professor, Institute of Health Policy, Management and Evaluation, The University of Toronto, Scientist, The Wilson Centre for Research in Education, University of Toronto and University Health Network
• Jane E. Meadus, Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly
• Dr. Fiona Menzies, Geriatric Medicine, Unity Health Toronto
• Peter W. Neufeld, JD, TEP, Partner, WagnerSidlofsky LLP

• What is valid consent?
• Powers of attorney and substitute decision makers
• Determining best interests – what are the considerations?
• The role of the lawyer – ethical considerations when representing clients with diminished capacity
• The role of the Public Guardian and Trustee
• Understanding the Consent and Capacity Board process
• Understanding Predatory Marriages

Faculty

• Brendan Donovan, Donovan Kochman LLP
• Andrea McEwan, Weir Foulds LLP
• Jane E. Meadus, Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly (ACE)
• Brittany Miller, Goddard Gamage LLP
• Lora Patton, Vice Chair, Consent and Capacity Board
• Alexander Procope, Perez Procope Leinveer LLP
• Lonny Rosen, CS, Rosen Sunshine LLP
• Kimberley A. Whaley, CS, LLM, TEP, WEL partners

This module is available for in-person or online attendance.

• Estate planning: communicating with the elderly client and their family
• Parental support by adult children and dependent support
• Elder law complaints to regulated health bodies
• Parent/adult child and sibling struggles
• Conducting family meetings
• Privacy in elder law
• Capacity in family law
• Ageism in the workplace
• Role of the Public Guardian and Trustee

Group Role Play/Simulation Exercise

To put your learning into practice, the afternoon of Day 3 is devoted to the “Betty Scenario,” a detailed case study that delves deeply into the numerous legal, ethical, professional and practical issues raised in the morning sessions. Attendees will be divided into groups, each group facilitated by a lawyer.

Faculty

• Brooke Auld, Piccolo Heath LLP
• Karon Bales, Bales Beall LLP
• Sarah E. Jones, Counsel, Office of the Public Guardian & Trustee
• Gillian Kafka, Senior Legal Counsel, Kate Dewhirst Health Law
• Karen Lindsay‑Skynner, Barrister & Solicitor
• Jane E. Meadus, Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly (ACE)
• Patrizia Piccolo, Piccolo Heath LLP
• Alexander Procope, Perez Procope Leinveer LLP
• Shawn Richard, MA, JD, TEP, ASR Family and Estate Law
• Alexi Wood, St. Lawrence Barristers

Navigating the System, Understanding the Legal Rules

• Health services and other community options: navigating the system
• Complaints against health institutions
• Appeals related to care services/eligibility for long‑term care
• Protecting retirement home residents
• Admissions to and living in long‑term care
• Discharge to a long‑term care home from a hospital
• Admission agreements: what to look out for
• Meeting cultural, linguistic or religious needs
• Detention – use of locked/secured units, use of restraints
• Access and restrictions in congregate care and hospital settings

Faculty

• Jane E. Meadus, Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly
• Melissa Miller, Howie Sacks & Henry LLP
• Christine Morano, Advocai LLP
• Victoria Peter, Staff Lawyer, Neighbourhood Legal Services
• Suchana Sundararajan, Staff Lawyer, Neighbourhood Legal Services
• Meghan Walker, Martin & Hillyer Associates

Non‑Discriminatory Intake Process, Professionalism, Ethics and Older Clients

While the focus of this session is on the ethical conduct of lawyers, other professionals will also benefit from this discussion. Areas addressed include:

• The non‑discriminatory intake process
• Access to your client
• When can/should you talk to other family members?
• Technology and accessibility
• What to do when the integrity of the lawyer is being impugned
• Dealing with undue influence
• Handling conflicts of interest with family members
• What do you do if you client is being abused?
  • spotting the “red flags”

Advocacy When the Older Adult is the Accused

Trauma Informed Serves for Elderly Clients

Tackling Financial Abuse of Elders

Elder Law Issues and Challenges for Indigenous Communities

Elder Law Issues in the LGBTQ Community

Keynote Address: A View from the Bench

The Honourable Justice Suzan Fraser, Ontario Superior Court of Justice

Roundtable Panel Discussion: “The Future of Elder Law”

We close out the Certificate with an experienced panel of elder law practitioners who will enlighten us with their thoughts on the future of elder law incorporating every aspect of this practice. Now more than ever a discussion about the future is critical.

Faculty

• Jordan M. Atin, JD, TEP, Certififed Specialist (Estates & Trusts Law), Atin Estate Law, Counsel, Hull & Hull LLP
• Nicole Biros‑Bolton, Bird Bolt Law
• The Honourable Justice Suzan Fraser, Ontario Superior Court of Justice
• Chris Hynes, Hynes & Associates
• Doreen Lok Yin So, Hull & Hull LLP
• Jane E. Meadus, Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly (ACE)
• Michael R. Newell, Deputy Crown Attorney, Ministry of the Attorney General
• Bethanie Pascutto, Staff Litigation Lawyer, Advocacy Centre for the Elderly (ACE)
• Mercedes Perez, Perez Procope Leinveer LLP
• Alexander Procope, Perez Procope Leinveer LLP
• Anita Szigeti, Anita Szigeti Advocates
• Laura Tamblyn Watts, President, CanAge
• Charles B. Ticker, Charles B. Ticker Law Office
• Cara Valiquette, Falls Law Group
• Zara Wong, Casey & Moss LLP