Elder law and abuse involves many far reaching practice areas and not just Estates Trusts and Capacity litigation.

Lawyers work with the elderly in many practice areas and bring expertise accordingly in the appropriate area of law.

Elder abuse can be defined in different ways and can cover an infinite number of situations. Any act that harms or threatens to harm the health or welfare of an elderly person is abuse, which can take on many forms, physical, psychological and financial. Elder abuse is a form of neglect.

The central characteristic of any form of elder abuse is the existence of a vulnerability particular to the age or the effects of aging on a person. It is this vulnerability that makes abuse possible and against which seniors require protection.

Elder abuse is not new. However, as the world faces an increasingly aging population, abuse against the elderly is a specifically vulnerable group as receiving greater address.

Legislation designed to protect the elderly, among others, is applied and helps in elder abuse reduction. The Trustee Act, the Substitute Decisions Act 1992, the Health Care Consent Act 1996, and other legislation dealing with the person apply to elders. Vulnerability can exist regardless of a legal fiduciary beneficiary relationship. It is the vulnerability that can make the elderly subject to abuse from persons who they do not even know. There are common-law cases of elder abuse, cases concerning lack of testamentary capacity, financial abuse. As solicitors we try to prevent abuse from occasioning by assisting our clients in the planning stages.

Either through no planning, inappropriate planning, or the change in circumstances, abuse ensues, and litigation is the inevitable consequence.

The law in Canada with respect to elder abuse is largely focused on remedies. There is a shift however, because of the increasing recognition of the magnitude of the abuse, towards more of a preventative or vigilant approach.

This is a very specialized area of law.

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