Legal issues faced by the elderly population arise in almost all areas of legal practice; however, most commonly in real estate law, family law, human rights law, and wills and estates law.
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Power of Attorney & Estate Planning: Elder Law Canada

Published on Mondaq.com
By SorbaraLAW, June 21st, 2024

Elder Law is most commonly known as the practice of law which aims to address legal issues faced by the older adult population.

The broad field of Elder Law covers legal counseling and advice for the elder population in areas including but not limited to elder abuse, guardianship proceedings, wills and estates planning, health and long-term care, retirement and pension planning, financial planning and security, as well as legal capacity.

Legal issues faced by the elderly population arise in almost all areas of legal practice; however, most commonly in real estate law, family law, human rights law, and wills and estates law.

Wills, Estates and Power of Attorney Planning:
Senior Citizens can also face a myriad issues or conflict in transferring their wealth and assets to succeeding generations. Having the proper estate planning documentation in place and getting the right legal advice can both protect the client and help make the transition of wealth smooth.

Legal Incapacity and Elderly Guardianship:
Guardianship is a legal relationship formed when a court appoints an individual to care for a person where that person is incapable. The question of capacity is situation-specific and complicated. A person’s age and medical diagnosis does not make them incapable. Providing an elderly client with advice about their rights as it relates to their capacity can prevent them from being manipulated or taken advantage of.