All posts in the ‘Capacity’ category

Committeeship Applications: the Uragi Case

A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or financial decisions for an adult person (the patient) who is mentally incapable and cannot make those decisions for him or herself. The first stage in the application process is determining… View this post »

Alzheimer’s Patient Lost Right-to-Die Despite Expressed Wishes

Today, BC Court of Appeal dismissed the appeal brought by the family of Margaret Anne Bentley, a patient at the final stage of Alzheimer’s disease. My colleague Amy Mortimore posted a blog when the family of Mrs. Bentley commended the lawsuit in August 2013, and Areet Kaila posted a blog when the BC Supreme Court… View this post »

Making Advance Health Care Decisions – Getting Started

Have you thought about what medical care you would like to receive in the event you become unable to express your wishes?  More importantly, have you shared those thoughts with loved ones and your medical professionals?  Like making your Will, planning for future incapacity can be difficult, and discussing it with your loved ones may be… View this post »