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End-of-Life Decision Making: MAiD and Estate Planning

April 4, 2025
LSO CPD: 2.5 Hrs Substantive, 3 Hrs Professionalism
Live Online

Lawyers and medical professionals involved in end-of-life decision-making face significant challenges, including navigating the evolving landscape of medically assisted deaths (MAiD), addressing sensitive family dynamics, and ensuring legal compliance in estate planning. They must stay up-to-date on rapidly changing legislation, assess client capacity during emotionally charged moments, and manage conflicts that arise between family members and substitute decision-makers. Ensuring that client wishes are legally sound and ethically upheld adds further complexity to this critical area of law.

This program equips legal professionals with the tools to address these concerns head-on. Participants will learn to interpret evolving MAID legislation, assess capacity under various legal standards, and manage intricate family disputes with confidence. The course highlights interdisciplinary collaboration with medical professionals and palliative care teams, providing practical guidance on drafting powers of attorney and other key legal documents. By the end of the program, lawyers will be better prepared to advise clients on end-of-life matters, ensuring their wishes are respected in both legal and ethical terms.

Experienced Wills and Estates Counsel
General Practitioners
Health Lawyers & Health Professionals and Administrators

Lawyers specializing in wills, estates, and succession planning will gain valuable insights into navigating the complex legal considerations of end-of-life decision-making, including medically assisted deaths (MAID) and ensuring capacity in their clients.

chairperson
Melanie Yach, Aird & Berlis LLP
Melanie Yach is a seasoned expert in estates and trusts law, offering strategic and personalized advice tailored to her clients’ unique personal and financial needs. As a member of the Estates & Trusts Group and lead lawyer for the Estates, Trusts & Capacity Litigation Group at Aird & Berlis LLP, she handles all areas of estate planning, administration, and litigation, with a focus on trusts, estates, and capacity disputes.

Melanie’s experience extends to corporate/commercial litigation, and she also serves as a third-party mediator in complex estates disputes. In addition to her practice, Melanie is a frequent speaker and writer on estates and trusts topics, presenting at programs for professional bodies such as the Law Society of Ontario, the Ontario Bar Association, and The Advocates' Society. She has served as editor and contributor to Key Developments in Trusts and Estates Law, published annually by Canada Law Book. Melanie is active in the community, serving as a director of the Benefaction Foundation and as a past advisor to the Toronto Council on Aging.
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Nicholas Andre, Sullivan Estate Lawyers LLP

Shelly Birenbaum, Shelley R. Birenbaum Professional Corporation

Dr. Elie Isenberg-Grzeda, Assistant Professor, Consultation/Liaison Psychiatry, Sunnybrook Health Sciences Centre

Brittany Miller, Goddard Gamage LLP

Margaret O'Sullivan, Managing Partner, O’Sullivan Estate Lawyers LLP

Dr. Damian Rzeznikiewiz, Member of Canadian Association of MAID Assessors and Providers

Melanie Yach, Aird & Berlis LLP

Ziad Yehia, Founding Partner, Cooligan Yehia LLP

Welcome and Introduction
An overview of the evolving role of lawyers in end-of-life planning, including MAID, estate considerations, and legal responsibilities.
Medically Assisted Death (MAID) in Ontario: Legal Perspectives
A legal deep dive into MAID, covering its legislative evolution, case law, and key issues. Experts will discuss advance requests, Charter challenges, and anticipated legal developments.
Palliative Care and MAID – Hospital Perspectives
Explores how hospitals handle MAID requests, including eligibility assessments, procedural steps, and ethical considerations. The session will also cover the emotional and systemic challenges faced by patients, families, and healthcare providers.
Estate Planning for Clients Considering MAID
Examines how lawyers can guide clients in aligning estate plans with end-of-life decisions. Discussion includes drafting powers of attorney, advance directives, and strategies to minimize disputes.
Legal Capacity and End-of-Life Decision-Making
Analyzes the complexities of assessing legal capacity in end-of-life planning, distinguishing between different capacity tests (e.g., for MAID, wills, and powers of attorney). It will also address cognitive impairments, psychiatric considerations, and legal safeguards.
Managing Family Dynamics in End-of-Life Planning
Explores the lawyer’s role in mitigating family conflicts over end-of-life decisions and estate planning. Topics include mediation strategies, confidentiality obligations, and handling disputes related to changes in estate plans.
Closing Remarks and Q&A
Final thoughts and an opportunity for attendees to ask questions.
For more information, please contact Bernard Sandler, Professional Legal Education Manager, LincolnLawPD@torontomu.ca
Price: $395.00
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