World Elder Law Study Group 2010
July 24, 2010
BY Alison Taylor
2010 World Elder Law Study Group Presentations
Professor Mark Bauer, Professor of Law, Stetson University College of Law
- Exacerbated by Success: Consumer Fraud and the Incomplete Integration of North American Financial Systems
- The Debate Around the Need for an International Convention on the Rights of Older Persons
ABSTRACT – In recent years, there has been a growing interest and debate around the question of whether there is a need for an international convention on the rights of older persons. The debate around this question is far from simple or consensual. Although there are strong voices in favour, there are also strong arguments against. Moreover, the mere fact that a legal gap exists at the international level is not a sufficient reason for the advancement of a new convention. Hence, the goal of this presentation will be not only to provide a detailed analysis of the arguments in support and against such a convention but also to propose some specific recommendations for the advancement of such a convention in the future.
Dr. Nina Kohn, Associate Professor of Law, Syracuse University
- The Lawyer’s Role in Fostering an Elder Rights Movement
Professor Doug Surtees, College of Law, University of Saskatchewan
- The Evolution of Co-Decision-Making in Saskatchewan
ABSTRACT – Professor Surtees completed a research project into the effectiveness of Saskatchewan’s guardianship and co-decision-making legislation. As part of his research, he conducted a survey of lawyers and guardians/co-decision-makers who had participated in the process. The purpose of these surveys was to guage the respondent’s views towards the guardianship/co-decision-making process they had participated in. The results indicate a wide array of attitudes and a variety of understandings of the process. While it is clear that most applications hire lawyer to assist them with the application process, it appears the fees charged by lawyers for apparently the same services vary dramatically. In addition, some participants felt applicants should seek more powers than appropriate under the legislation. Professor Surtees’ presentation explores some of these varying perceptions of lawyers and guardian/co-decision-makers involved in the guardianship/co-decision-making process.
Kimberly Whaley, Founder and Senior Partner, Whaley Estate Litigation
- Financial Abuse, Neglect and the Power of Attorney (PDF Available Below)
ABSTRACT – While a Power of Attorney document (the “POA”) can be used for the good of a vulnerable adult or an incapable person, there can be a dark side to what is in fact a very powerful and far-reaching document. More often than not it becomes apparent that the grantor of such a document never put their mind to just what the powers are that are being bestowed, nor the ability of the chosen attorney to do the job and fulfill their duties or whether that attorney can truly be trusted to act in an honest and trustworthy manner. As a result of the foregoing, there is an extremely high risk that a vulnerable older adult or incapable person may fall victim to abuse as a result of having a POA. Although a somewhat bleak assumption, given the many cases of abuse that come in and out of our offices, in our estimation there is very likely a high number of attorney-inflicted abuse cases that simply go unmonitored or unnoticed by our legal system. Through a discussion of the relevant case law, this presentation will expose some particular ways in which POAs can lead to financial abuse and neglect of older adults. A discussion of the ways in which such abuse or neglect can be prevented will follow.
Helen Wheller, L.L.M. Candidate, UBC Faculty of Law
- Ageism and the Justice System: Feature of Aging