Upcoming free webinar provides vital guidance from medical and legal experts
This article was produced in partnership with Hull & Hull and WEL Partners
Between Canada’s large aging population and an expected spike in dementia cases, capacity issues are a rapidly rising concern across estate, trust, and elder law. Statistics Canada projects that nearly 26% of Canadians will be over 65 by 2068, and the number of people living with dementia is expected to soar by 187% by 2050. Most cases remain undiagnosed, leaving legal professionals facing unprecedented challenges in assessing and defending capacity — both during a client’s lifetime and after death.
Leading estate litigation practitioners, Kimberly Whaley, founding partner, WEL Partners, and Ian Hull, LSM, co-founding partner, Hull & Hull LLP, are once again joining forces to educate and share their expertise. The team’s upcoming free webinar on September 10 — Assessing Capacity – Perspectives and Analysis from Medical and Legal Experts — brings together a panel of globally recognized medical doctors, international experts, academics, and senior capacity lawyers to tackle the toughest questions in capacity assessments.
Practical, real-world strategies
Attendees will discover actionable strategies for assessing client capacity, both in real time and retrospectively. The panel will share practical approaches to ensure you secure clear and cogent instructions from your clients, no matter how complex their circumstances. Participants will gain insight into the nuances of capacity determinations, learning how to confidently identify testamentary capacity — or the lack thereof — and understand the far-reaching legal implications for estate planning, litigation, and dispute resolution.
The webinar will also provide a comprehensive look at what goes into a capacity assessment from both medical and legal perspectives. You’ll leave with a full understanding of the impact of retroactive assessments conducted after death, a topic of increasing importance as capacity disputes become more common in Canadian courts. Real-world case studies and expert commentary will illustrate the challenges and solutions available to legal professionals navigating this complex area of law.
A robust panel of experts
Whaley and Hull are joined by colleagues Bryan Gilmartin, partner at WEL Partners, and Suzana Popovic-Montag, managing partner at Hull & Hull. They’ll welcome a robust roundup of experts to the discussion, including Dr. Kenneth Shulman and Dr. Nathan Herrmann. Both with the Sunnybrook Research Institute, Shulman is renowned for his work on testamentary capacity and vulnerability to undue influence. He has published extensively and led innovative research using both manual and AI-driven methodologies. Herrmann is an expert in the pharmacology of dementia, post-stroke depression, and late-life affective disorders.
Dr. Sara Mitchell, also of the Sunnybrook Research Institute as well as Director of the Brain Medicine Program at the University of Toronto, champions interdisciplinary approaches to brain health and capacity assessment. The University of Calgary’s Dr. Julia Kirkham is a clinician scientist focused on improving healthcare quality in dementia and mental health and the University of New South Wales' Professor Carmelle Peisah is a leading voice on capacity, human rights, elder abuse prevention, and end-of-life issues in dementia.
Finally, Professor Robin Jacoby, professor at the University of Oxford), is internationally respected for his work on legal mental capacity in older persons. He has contributed to both academic literature and case law.
A unique opportunity to elevate expertise
Overall, this webinar offers a unique opportunity to learn from leaders in the field and ensure participants are ready for the future of capacity assessments in Canadian law.
Don’t miss this essential event to elevate your expertise and protect your clients’ interests. Register today to prepare for the next capacity challenge.
