Elder Law

Introduction to 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 and a discussion of COVID-19 specific areas of concern.

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

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, Lead, Re-Imagining Long-Term Care Project; Re:Think Policy Change
Kelley Bryan, Perez Bryan Procope LLP
Krista James, National Director, Canadian Centre for Elder Law
Kerry Knickle, LLM (ADR), Communication Matters: INESRA, Director, Simulated Participant Program, The Michener Institute of Education at UHN
David Lepofsky, Volunteer Chair, AODA Alliance at Accessibility
for Ontarians with Disabilities Act Alliance
Nancy McNaughton, Med, PhD, Communication Matters: INESRA, Director, Centre for Learning, Innovation and Simulation, The Michener Institute of Education at UHN
Jane E. Meadus, Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly
Patrizia Piccolo, Piccolo Heath LLP
Asenath Steiman, MD, Internal and Geriatric Medicine, University Health Network and Sinai Health System, Lecturer, Department of Medicine, University of Toronto

Substitute Decision-Making

• 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

Faculty
Clare Burns, Weir Foulds LLP
Praniet Chopra, Donovan Kochman LLP
Brendan Donovan, Donovan Kochman LLP
Jane E. Meadus, Barrister and Solicitor, Institutional Advocate,
Advocacy Centre for the Elderly (ACE)
Michael D. Newman, Vice Chair, Senior Lawyer Member, Consent and Capacity Board
Alexander Procope, Perez Bryan Procope LLP
Lonny Rosen, CS, Rosen Sunshine LLP
Judith A. Wahl, Wahl Elder Law, Past Executive Director, Advocacy Centre for the Elderly

Common Elder Law Issues

• Estate Planning: communicating with the Elderly Client and their Family
• Predatory marriages
• Parental support by adult children and
dependent support
• Predatory marriages
• Parent/adult child and sibling struggles
• Conducting family meetings
• Privacy in elder law
• Capacity in family law
• Trauma informed services for elderly clients
• 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
Karon Bales, Bales Beall LLP
Kelley Bryan, Perez Bryan Procope LLP
Sarah E. Jones, Counsel, Office of the Public Guardian & Trustee
Karen Lindsay‑Skynner, Barrister & Solicitor
Jane E. Meadus, Barrister and Solicitor, Institutional Advocate,
Advocacy Centre for the Elderly (ACE)
Albert H. Oosterhoff, Firm Counsel, WEL Partners, Professor Emeritus,Faculty of Law, Western University
Alexander Procope, Perez Bryan Procope LLP
Shawn Richard, Lenkinski, Carr & Richard LLP
Sarah Virani, Senior Legal Counsel, Kate Dewhirst Health Law
Kimberly Whaley, WEL Partners

Long-Term Care Homes, Retirement Homes, Community Based Services and Homecare: 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

Elder Abuse
Recognizing the signs and responding to the
challenges of:
• Physical and emotional abuse
• Financial abuse of elders

KEYNOTE ADDRESS: “Reflections on Ontario’s Long‑Term Care COVID‑19 Commission”

The Hon. Justice Frank N. Marrocco, Lead Commissioner, Ontario’s Long-Term Care COVID-19 Commission; Senior Counsel, Stockwoods LLP Barristers

Faculty
Faith Madden, Manager, Home & Community Care – Placement, Mississauga Halton Local Health Integration Unit (LHIN)
The Hon. Justice Frank N. Marrocco, Lead Commissioner, Ontario’s Long-Term Care COVID-19 Commission; Senior Counsel,
Stockwoods LLP Barristers
Jane E. Meadus, Barrister and Solicitor, Institutional Advocate,
Advocacy Centre for the Elderly
Melissa Miller, Howie Sacks & Henry LLP
Christine Morano, Advocai LLP
Karen Steward, Staff Lawyer, Advocacy Centre for the Elderly (ACE)
Meghan Walker, Will Davidson LLP

Effective Advocacy for the Elderly

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:
• 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
• Confronting problems faced by the elderly in jail
• What do you do if you client is being abused?
– spotting the “red flags”

Advocacy When the Older Adult is the Accused
• Mandatory charges in spousal abuse cases
• Mandatory obligation to contact police where there is an allegation of sexual assault in a long-term care home

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, CS, TEP, Atin Professional Corporation
Nicole Biros‑Bolton, Ross & McBride LLP
Arthur Fish, Borden Ladner Gervais LLP
Suzan Fraser, Fraser Advocacy
Doreen Lok Yin So, Hull & Hull LLP
Clara McGregor, Staff Litigation Lawyer, Advocacy Centre for
the Elderly (ACE)
Jane E. Meadus, Barrister and Solicitor, Institutional Advocate,
Advocacy Centre for the Elderly (ACE)
Angelique Moss, Casey & Moss LLP
Michael R. Newell, Deputy Crown Attorney, Durham Region,
Ontario Ministry of the Attorney General
Alexander Procope, Perez Bryan Procope LLP
Vivian E. Ropchan, Barrister & Solicitor
Laura Tamblyn Watts, President, CanAge
Cara Valiquette, Falls Law Group
Ivan Zinger, JD, PhD, Correctional Investigator of Canada, Office of the Correctional Investigator