Overview of Elder Law: capacity, advance planning tools, undue influence and more (August 29, 2021)

Recorded on August 19, 2021

[1:31:48] This session explains the concept of Elder Law as an area of practice and examines how it intersects with other areas of the law. In understanding the different areas of law that affect seniors in BC, participants learn about unique challenges that face seniors and those assisting seniors when they interact with the legal system.

Key topics addressed included capacity, advance planning tools, undue influence, and best practices when serving seniors.


Presentation material: PDF download


00:00 Introduction

03:03 Free legal clinic: TRU Community Legal Clinic

10:20 Elder law intersects with other areas of law

12:52 Assessing capacity

23:22 Blended families changes estate planning

29:17 When is power of attorney effective?

32:25 Springing power of attorney and enduring power of attorney

34:30 Who can draft and execute a power of attorney

37:04 Undue influence

42:16 Duress or unconscionability

49:43 Guiding clients to make their own decision

53:45 Things to consider when serving an aging population

1:08:04 Advance care planning and committeeship when there is no power of attorney

1:10:20 Who can help with drafting a power of attorney

1:18:55 Resources for blended family style wills

1:21:00 Considerations when capacity fluctuates


Speaker: Kelly Melynk, supervising lawyer, Community Legal Clinic, Thompson Rivers University

Community Legal Clinic: https://www.tru.ca/law/students/outreach/Legal_Clinic.html


Legal Aid BC: https://legalaid.bc.ca/  

Family Law in BC: https://family.legalaid.bc.ca/

MyLawBC: https://mylawbc.com/

Aboriginal Legal Aid in BC: https://aboriginal.legalaid.bc.ca/



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Youtube: https://youtube.com/legalaidbc/

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