Law Firms Analysis of Decisions

Below are law firms that have reviewed the various Decisions (2015 ONSC 4036, 2015 ONCS 6616, & 2017 ONCA 0516) with my comments and thoughts in italics.  If you write a review please contact me so i can add.

Adrian LawIn a LinkedIn post found that Courts consider care for a family member to be a moral obligation and, absent personal sacrifice or loss, will expect adult children to care for their incapacitated parents for minimal compensation.  Unless you’re a man who can get paid $14.75/hr to arrange care. If you’re a daughter expect $0.68/hr for 24/7 caregiving – and don’t expect courts to consider living away from your home and husband to provide that care as sacrifice.

Hagel Lawfirm – found those who take on the responsibility to care for incapable family member or friend, do so out of love and a sense of duty, this responsibility is often stressful and exhausting and can have a negative impact  on the caregivers’ mental and physical wellbeing. It is therefore appropriate and just that their efforts are properly compensated

Hull and Hall – suggest that compensation for care must be within the persons means. Mrs Childs has 1.4M in cash assets, a 450K home and an annual income of $114K. The Judge awarded $0.68/hour for 24/7 care. I’d suggest his position that children should not be paid to care for ailing parents has more to do with that position than the law.

Mills & Mills – found the legal fees incurred by this family for legal fees could have been more constructively utilized within the family. My brothers had removed my mom from her home, isolated her from friends and us, she was being left in excrement regularly, not being fed breakfast to control vomiting. Her wish was to live at home – they brought an application to place her in a CCAC home. What do you do – let that happen or file a cross application.

US Attorney, Kelly Reed Lucas, Esq.  – askes “According to one Canadian judge last year, an adult child should not be paid to care for an ailing parent because the parent was not paid for raising the child. Do you agree or disagree? What if I told you the ailing parent had $1.4 million in the bank and three other adult children who did not provide any care for the parent? Would your answer be different?”

WagnerSidlofsky – suggestthat after weiging the cost of litigation it makes sense to settle compensation for care giving with in the family. Again what do you do if litigation is forced on you because you mother has been removed form her home, is being isolated, left in excrement and not fed to control vomiting?

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