This is a paper I wrote in my third year of law school for a course on Elder Law, or the law as it concerns our elderly population. I submitted it to an essay competition held by the British Columbia Law Institute, where it was published. Below is the condensed version, but the link to the full paper and the BCLI website are here:
The BCLI Website | The Full Paper (30 pages long)
In very short, elderly people can be "deemed to lack capacity" by a physician, nurse, or legal professional, but each person may have a different definition of "capacity", and may not realize that just because a person can't remember where they left their medication, does not mean that they cannot feed themselves, or should lose all of their bodily or financial autonomy. While this may sometime occur due to honest mistakes, it is often used to gain total control over an elderly person's finances or life.
Holographic Wills in Canada, and Why They are Risky
Photo Credit: Merle Massey, 2023
“Do I really need a Will? Can’t I just leave everything to my partner or kids with a quick note and let them sort it out?”
Yes, you can handwrite a “Holographic Will.” You can even scratch your Will on a piece of metal and hope someone sees it, as a desperate Saskatchewan farmer did when he had a tractor accident (see story below). That said, leaving the writing of your Will to the last second is a risky option though. As is drafting your own Will.