PRACTICE AREAS - ELDER LAW
Elder Law is a broad term used to describe the law affecting issues and decisions more often faced by seniors, primarily in the areas of retirement, estate planning, and long-term care. Elder law covers such topics as wills, trusts, tax issues, pensions and benefits, health care, nursing-home care, in-home care, powers of attorney, medical directives, and elder abuse.
Some of the issues we commonly assist clients with are described below.
Guardianship
We are often consulted by people whose family member can no longer understand how to take care of their finances or their health and who don’t have a power of attorney. In these instances the family’s only options are to go to Court or apply to the Office of the Public Guardian and Trustee. We can assist families with those processes in order for them to obtain the legal authority to make decisions for their incapable family member.
Pensions and Income
We can help clients ensure they are accessing the maximum income to which they may be entitled under government programs or employer pensions. For example, older adults may be entitled to the Old Age Pension from the government of Canada, as well as the Guaranteed Income Supplement to the Old Age Pension. They may also be eligible for a small pension from the government of Ontario known as GAINS. In addition, a person 60 or older may be eligible for the Canada Pension Plan (CPP).
Persons may be eligible for pensions from their employer, or the employer of their spouse or partner.
Home Care, Nursing Homes, Homes for the Aged and Tenancy Issues
We can also assist older adults with issues surrounding their living and care arrangements; whether they reside in a long term care facility, a retirement home, or their own residence using in-home care services. There are many intersecting pieces of legislation governing these types of residential arrangements and care services which we can assist clients in navigating and understanding such as the Residential Tenancies Act, the Nursing Homes Act, and the Rest Homes Act, to name a few.
Elder Abuse
Unfortunately, as the Canadian population ages, there are increased opportunities for unscrupulous individuals to take advantage of older adults. This advantage may be related to the older person’s living arrangement (they may be living alone, with family members or others, or in an institution), or it may be linked to their level of reliance on others, including family members or other care providers, for assistance and support in daily living. Such advantage is often termed ‘elder abuse’ and can be financial, psychological or physical. If someone suspects that they, or someone they know, are suffering from elder abuse, we can assist them with legal action to halt the abuse and discuss their options for legal remedies.
