Most people are unaware of the rules for making substitute healthcare decisions for their incapable loved ones. The possibility that medical resources such as ventilators may be limited due to COVID-19 cases can only add to the stress and burden of substitute decision-making. Quarantine restrictions in health facilities have left substitute decisions makers (SDMs) without […]

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Alex commented on two capacity cases in an article in this month’s The Walrus magazine. The article: Why Aren’t We Free to Age on Our Own Terms? discusses Public Guardians and incapacity findings across the country and is a great read. Disputing an incapacity finding is unfortunately not a straight forward task. The path to […]

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Mercedes Perez presented at the 2019 Legal Guide to Consent, Capacity & Substitute Decision Making conference organized by Osgoode Professional Development.  The conference was held on December 9, 2019 and Mercedes presented on three topics with a number of co-presenters:  “Understanding the Substitute Decisions Act – From Property Management to Personal Care”;  “Preparing for a […]

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On October 18, 2019, Alex returned to guest speak on the topic of advocacy in capacity law practice the Windsor Law Mental Health and the Law course. Topics included professional ethics and personal morality, avoiding paternalism, client-directed advocacy, maintaining independence and the practical retainer issues in a social justice advocacy role. […]

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Alex Procope presented his paper: The Ongoing History of Section 3 Counsel: Origins of the Role and a Path Forward at day 1 of the 22nd Estates and Trusts Summit program on October 16, 2019. The Estates and Trusts summit is the largest professional development program presented by the Law Society of Ontario and was […]

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On September 10, 2019, Alex Procope presented a case law update alongside Laroux Peoples and Ambie Edgar-Chana. The Practice Gems: Estates Administration 2019 professional development program was presented by the Law Society of Ontario. It covered topics including tax laws, deciphering a will or trust, duties of an estate trustee in the midst of a dependent’s support […]

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Alex Procope and Jane Meadus are again co-directing the Osgoode Certificate in Elder Law Program 2019 this winter. This Certificate Program is an intensive 5-day series presented by Osgoode Professional Development. The faculty includes experts in law, health and policy. This multi-disciplinary perspective gives graduates of the program a solid understanding of: capacity law; powers of attorney; […]

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Alex Procope spoke at the 21st Annual Estates and Trusts Summit (day 2) on October 11, 2018 on the ethical considerations for lawyers advising on the use of a power of attorney. This program presented annually by the Law Society of Ontario focused on topics including: Will interpretation Estate planning for the disabled and complex […]

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Alex Procope will be speaking at an upcoming Ontario Bar Association Elder Law Section professional development program. Alex joined in a symposium on Privacy and Consent in Congregate Care along with John Risk of WeirFoulds LLP, Mary Jane Dykeman of DDO Health Law, and Graham Webb, Executive-Director of the Advocacy Centre for the Elderly. The […]

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Kelley commented today in The Lawyer’s Daily, on mental capacity issues arising in the case of Canadian boxing legend George Chuvalo.  A recent ruling of the Superior Court (2018 ONSC 311) found that Mr. Chuvalo lacks mental capacity to decide whether to reconcile with his second wife.  Two of his adult children from his first […]

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