Advising the Older Client

Description

Seniors are one of the fastest growing groups in Canadian society. Currently about 13% of Canadians are aged 65 and over. By 2041, this age group will make up an estimated 23% of the population. This dramatic increase has resulted in a host of legal issues related to aging. Equally important are the interconnected social, economic, and health needs of older persons and their families.

LexisNexis® Butterworths Advising the Older Client is the first comprehensive, critical examination of Elder Law in Canada. A national pioneer in developing Canadian Elder Law, General Editor Ann Soden has assembled a first-rate team of contributors from across Canada. Their diverse backgrounds and practice areas - ranging from law, healthcare, and social work to academia, government, and private practice - give a truly national, multidisciplinary perspective on this quickly developing field.

Advising the Older Client offers invaluable insight and practice tips on managing the challenges of practising Elder Law, including:

Ethical Challenges

• Strategies for representing the client with diminished capacity
• Identifying the client and avoiding conflicts of interest in dealing with family, caregivers and substitute decision-makers
• Safeguarding autonomy and self-determination
• Maintaining high standards of professionalism and service

Importance of Preventive and Advance Planning

• Educating clients on the value of life planning beyond estate management
• Assisting clients with creating substitute decision-making documents
• Identifying the principal issues concerning the older person's particular concerns regarding treatment and other healthcare decisions

Multidisciplinary Approaches

• Understanding the interrelated roles of legal and non-legal professionals
• Preserving clients' confidentiality when interacting with other practitioners
• Building community connections to support vulnerable clients

Table of Contents

Preface
Introduction
Chapter 1: Ethical Issues and Dilemmas in an Elder Law Practice
Chapter 2: General Planning for the Older Client: A Case Management and Multidisciplinary Approach
Chapter 3: Guardianship of the Person and the Estate
Chapter 4: Enduring Powers of Attorney and Health Care Directives
Chapter 5: Capacity, Consent and Health Care Decision-Making
Chapter 6: The Abuse and Neglect of Older Canadians: Key Legal and Related Issues
Chapter 7: Discrimination
Chapter 8: Assisted Living
Chapter 9: Equity and the Older Adult: The Doctrines of Undue Influence and Unconscionability
Chapter 10: Family Law for the Older Canadian


Author/Contributor

Ann Soden

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