THE DAWN OF A NEW AGE

Transcription

1 ELDER LAW: THE DAWN OF A NEW AGE Presented by the Canadian Bar Association s National Elder Law Section and the Continuing Legal Education Committee CBA National Elder Law Conference June 15-16, 2007 Delta Fredericton Sponsor: Saluting the 2nd World Elder Abuse Awareness Day on June 15, 2007, the National Elder Law Section takes an indepth look at promising approaches for dealing with abuse, financial exploitation, and neglect of older adults, including a critical examination of the status of adult protection legislation, mandatory reporting, guardianship and the findings of a new national study of residential and institutional abuse. The conference continues until noon on Saturday, June 16, 2007 with reports on changing attitudes and emerging professional best practices regarding: retirement, pension policies, ethical counselling, capacity assessment, aging with challenges, advance care planning, end-oflife issues (euthanasia, assisted suicide and pain management), powers of attorney, and later-life marriage and divorce. Leading elder law lawyers and multidisciplinary experts from across Canada and the United States promise to make this legal conference a milestone event for lawyers in all disciplines, social workers, gerontologists, and health-care and financial professionals serving older clients. This program has been accredited by the Specialty Committee(s) of the Law Society of Upper Canada towards the professional development requirement for certification. Estates & Trusts Law: 8.5 hours For more information, please visit the Law Society Web page relating to the Certified Specialist Program/CLE Accreditation at: À l occasion de la Journée internationale de sensibilisation pour contrer les abus envers les personnes aînées, nous nous penchons sur certaines approches prometteuses pour remédier aux situations de violence, y compris un examen crucial de la législation relative à la protection des adultes, le signalement obligatoire et une nouvelle étude nationale sur les sévices subis dans les résidences et établissements pour personnes âgées. Nous examinons aussi les changements de mentalité, les défis relatifs à la retraite et aux pensions, le counselling éthique, la capacité d évaluation, les questions liées à la fin de la vie, les mandats ainsi que les mariages et les divorces tardifs. Les avocats et avocates chefs de file en droit des aîné(e)s ainsi que des experts canadiens et américains de diverses disciplines nous assurent que cette conférence sera un événement mémorable. Ce programme est disponible uniquement en anglais.

2 Program FRIDAY, JUNE 15, :30 a.m. 8:15 a.m. Registration 8:15 a.m. 8:20 a.m. Welcome by moderator, Ann Soden, Founding Chair of CBA National Elder Law Section, Montreal, QC 8:20 a.m. 8:30 a.m. Introductory address by Shawn Graham, New Brunswick Premier (invited) 8:30 a.m. 9:30 a.m. CLOSING THE GENERATION GAP: CHANGING ATTITUDES TOWARDS THE OLDER WORKER, FINANCIAL CHALLENGES AND INNOVATIONS Dr. L.T. Caissie, Gerontology Department, St. Thomas University, Fredericton, NB Mark Newton, Founding Chair of CBA Pensions and Benefits Law Section, Toronto, ON Tom Christie, New Brunswick Nurses Union, Fredericton, NB Aging has long been viewed as synonymous with incapacity on many levels. These attitudes, including attitudes about retirement, are changing with a growing wave of baby boomers who are living longer and healthier lives, many of whom don t want to retire or will be required to work to remain financially viable. Important new challenges face governments and industry in protecting society s tax base and preserving public and private pension programs while allowing people to work beyond traditional retirement ages or to phase-in their retirement. SELECTED NATIONAL INITIATIVES IN ADDRESSING ABUSE AND NEGLECT OF OLDER ADULTS 9:30 a.m. 10:15 a.m. Financial Exploitation: Public Awareness and Legal Responses Jane A. G. Purdie, Q.C., Secretary, CBA National Elder Law Section, White Rock, BC Detective Constable Dana A. Drover, Halifax Regional Police Service, Integrated Financial Crime Section, Nova Sotia Laura Watts, Canadian Center for Elder Law Studies (CCELS), Vancouver, BC The most frequently reported form of abuse, financial exploitation has many faces: from consumer fraud to inequitable transfers of property in exchange for care, to misuse of powers of attorney. Do we need new laws or better use of the laws we have? Perpetrators are often family members or caregivers and in such cases litigation doesn t always work nor is it always desirable. Some promising approaches, which support and empower the older person, will be explored. 10:15 a.m. 10:30 a.m. REFRESHMENT BREAK 10:30 a.m. 11:15 a.m. A Way Forward: Promoting Promising Approaches to Abuse Prevention in Institutional Settings Charmaine Spencer, Gerontology Research Center, Simon Fraser University, Vancouver, BC Key stakeholders and partners will highlight the results of a nationwide study headed by University of Toronto s Institute for Human Development Life Course and Aging with

3 professionals from six universities. The project is intended to enhance the capacity of Canadian communities to better understand and respond to complex issues of abuse and neglect in long-term care. Where do things currently stand in Canada? What are the guiding principles and emerging promising practices in abuse prevention and intervention? 11:15 a.m. 11:30 a.m. Aging With Challenges Laura Watts, CCELS, Vancouver, BC Older adults are often viewed as a homogenous group. CCELS is currently engaged in an Aging with Challenges project exploring legal issues affecting persons who may be aging with differences and persons aging within the penal system. The project seeks to identify legal barriers inhibiting persons who are aging with challenges from aging with safety, dignity and self-determination. What are the specific needs of older adults with challenges? Are there differences in the treatment of older adults with challenges as opposed to the general aging cohort? What standards are currently in place? Is there a need for law reform in these areas? 11:30 a.m. 12:30 p.m. POWERS OF ATTORNEY BEST PRACTICES Hugh S. McLellan, Past Chair, CBA National Elder Law Section, Vancouver, BC Bruce D. Hatfield, Q.C., Cox & Palmer, Fredericton, NB There is perhaps no area of Elder Law practice that causes as many problems for lawyers, clients and third parties especially banks and financial institutions as powers of attorney. There is increasing use of such instruments due to an aging population. Issues such as innocent or deliberate misuse of the instrument, capacity, extent of the power, who the client is, and advising the attorney are often not recognized by practitioners. This panel discussion will explore these topics and raise awareness of power of attorney issues with the goal of improving the everyday practice relating to powers of attorney. 12:30 p.m. 1:30 p.m. LUNCHEON SPEAKER The Honorable Mary Schryer, Minister of State for Seniors, Minister of State for Housing, New Brunswick 1:30 p.m. 2:30 p.m. WILL YOUR POWER OF ATTORNEY BE RESPECTED? THE NOVA SCOTIA MUNROE CASE AND THE CROSS-JURISDICTIONAL AND HUMAN RIGHTS ISSUES IT RAISES Jeanne Desveaux, Chair, CBA National Elder Law Section, Halifax, NS Erica Wood, Associate Director, Commission on Law and Aging, American Bar Association, Washington, DC The British family of a woman with Alzheimer s decided she would be better off without her husband who was her caregiver and attorney under her power of attorney for finances and health care. When he wasn t looking they took her away. One of the lead legal counsel in the Munroe case and a U.S. expert examine the effectiveness of powers of attorney and guardianships in Canada and the United States, the challenges of law reform and cross-border issues.

4 2:30 p.m. 3:30 p.m. LEGAL, ETHICAL AND CLINICAL ISSUES AT THE END-OF-LIFE Jocelyn Downie, Faculties of Law and Medicine, Dalhousie University, Halifax, NS Gerald A. Klassen, M.D., Research Ethics Committee, Annapolis Valley Regional Health District, NS The importance of advance care planning, the limits of advance care directives and living wills and principles of substitute decision-making at the end-of-life will be discussed, including misconceptions about euthanasia, pain management and the appropriateness and thoughtfulness of withdrawal of artificial feeding and resuscitation in end-of-life situations. How can we ensure that the client and his/her family are better informed and guided about care and treatment choices? 3:30 p.m. 3:45 p.m. REFRESHMENT BREAK 3:45 p.m. 5:00 p.m. HOW EFFECTIVE ARE LAWS INTENDED TO PROTECT? Joan Harbison, School of Social Work, Dalhousie University, Halifax, NS Catherine A. Berryman, Coordinator, Family & Youth Justice / Office of the Attorney General, New Brunswick Charmaine Spencer, Gerontology Research Center, Simon Fraser University, Vancouver, BC This session will examine the interplay of Maritime legislation intended to protect adults, their formal delivery structures and informal delivery help. What do these mean in terms of respect of rights? Does legislation targeted at protection work? Experts will take a critical look at adult protection legislation, mandatory reporting, guardianship and the tension between the individual s right to self-determination and society s desire to protect. 5:30 p.m. 6:30 p.m. CRUISE & TOUR (CASH BAR) - optional 7:00 p.m. LOBSTER DINNER at the Fredericton Golf Club - optional SATURDAY, JUNE 16, :45 a.m. 9:30 a.m. FAMILY LAW AND THE OLDER CLIENT: GRANDPARENTING AND LATE LIFE ROMANCE Nicholas A. Bala, Faculty of Law, Queen s University, Kingston, ON Prof. Bala will survey some of the salient family law issues affecting older Canadians. Major sets of concerns relate to the rights of grandparents, including access, and if parents lack capacity to care for their children, guardianship or kinship care. Other issues arise when older clients enter into new romantic relationships, including marriage contracts for late life marriages, obligations in common law and dating relationships, obligations to step children and paternity suits. Prof. Bala will also address the issue of filial support - the right of parents to seek support from adult children.

5 9:30 a.m. 10:30 a.m. CAPACITY ASSESSMENT WHAT EVERY LAWYER NEEDS TO KNOW Michel Silberfeld, M.D., Geriatric Psychiatrist, Toronto, ON Judith Wahl, Executive Director, Advocacy Centre for the Elderly and Vice-Chair, CBA National Elder Law Section, Toronto, ON While assessment of capacity is ultimately a legal determination capacity is a complex phenomenon that has medical, social, legal and ethical dimensions. Our experts will discuss the broad concept of capacity, legal, ethical and clinical issues of capacity assessment, the respective roles of the lawyer and the doctor, and initiatives aimed at improving the comprehensiveness of assessments and the fostering of residual capacity. 10:30 a.m. 10:45 a.m. REFRESHMENT BREAK 10:45 a.m. 12:30 p.m. ETHICAL AND PROFESSIONAL ISSUES IN AN ELDER LAW PRACTICE Timothy Matthews Q.C., Stewart McKelvey, Halifax, N.S. Rebecca C. Morgan, Center for Excellence in Elder Law, Stetson University, College of Law, Gulfport, FL Roberta K. Flowers, Center for Excellence in Advocacy, Stetson University, College of Law, Gulfport, FL The four Cs of Elder Law ethics: identifying one s client, ensuring confidentiality, avoiding of conflicts of interest and the presumption and assessment of capacity will be explored with reflections from the practice and video scenarios to test our knowledge of these basic principles. While these principles are applicable to all lawyer/client relationships, some unique issues arise when dealing with family members and the client with diminishing capacity. 12:30 p.m. CLOSING REMARKS 12:45 p.m. 5:00 p.m. ANNUAL ELDER LAW SECTION MEETING Attendees are welcome to attend the annual meeting of the CBA Elder Law Section, which will include planning for next year and updates from across the country. Speakers subject to change

6 Registration Form MEETING VENUE & ACCOMMODATION Delta Fredericton 225 Woodstock Road, Fredericton, NB Telephone: Website: HOTEL RESERVATION Please contact the hotel directly and refer to the CBA Elder Law Conference to obtain the preferred rate. The preferred room rate is available until May 15, TRAVEL Air Canada is the official carrier for all our CBA meetings. In order to receive a 10% discount, you must book your flight on-line at and indicate the promotion code XXVGGZC1. The discount is not available if you call Air Canada directly. CAR RENTAL AVIS, the official rental car supplier of the CBA, offers several special rates. Call or visit to reserve your car. You must quote discount number C REGISTRATION Pay by credit card (Visa or MasterCard only), or send cheque or money order made payable to the Canadian Bar Association together with this registration form to: Kim MacDonald CLE Program Coordinator Canadian Bar Association 865 Carling Ave., Suite 500 Ottawa, ON, K1S 5S8 or fax information to PAYMENT MUST BE RECEIVED PRIOR TO THE ACTUAL CONFERENCE TOGETHER WITH A COMPLETED REGISTRATION FORM Please note that no invoice will be sent. A receipt will be provided following the conference. REFUND POLICY There will be a 20% administrative charge for any cancellation received in writing prior to May 15, 2007 No refund will be given after May 15, There will be no refunds for no-show registrants. The program material will be shipped to registrants unable to attend the program within 15 days of the program. For further information about this program, please contact Kim MacDonald at the CBA National Office by telephone at or ext. 161, or by at kimm@cba.org. We encourage limited use of scented product during the conference in consideration of scent-sensitive participants. Thank you. For updates on the program, please visit our web-site at NATIONAL ELDER LAW CONFERENCE June 15-16, 2007 at the Delta Fredericton FEE GST TOTAL CBA Members $ $33.00 $ Students (CBA Members) $ $16.50 $ Non-Members $ $43.80 $ Payment due with registration application. Yes, I will be attending the optional river cruise, followed by a lobster dinner at the Fredericton Golf Club on Friday night at $55.00 plus 14% HST = $ Yes, I would like to join the CBA now and pay the member fee to attend this program. I understand that a membership representative will be contacting me. No, I cannot attend but would like to purchase the course material. The publication coordinator will contact me after the conference to discuss cost and shipping. CBA Membership No. Mr. Ms. Surname Firm or Organization Address Given Names City Province Postal Code Office Phone No. Fax No. Please indicate special needs (dietary, wheelchair access, etc.) Method of Payment (payment due with registration application) Cheque Visa Mastercard Card No. Authorized Signature Expiry Date PERSONAL INFORMATION CONSENT CBA s programs are supported by preferred suppliers, sponsors, and exhibitors. Subject to the following paragraph, I understand that the provision of contact information on this form constitutes my consent to such information being disclosed to the preferred suppliers, sponsors, and exhibitors of this program. For further information about the CBA s treatment of personal information, see members Privacy Policy at By checking this box, I do not wish my contact information disclosed to the preferred suppliers, sponsors, and exhibitors of this program. I understand that my name will not appear on the delegates list.