Canadian Province Contemplates Removing Some Elder Law Issues Out Of Courts
The Canadian province of Ontario is contemplating a change that would remove certain elder law issues from the courts to a specially created administrative board. The Consent and Capacity Board would hold hearings on disputes involving, among others things, property management of an incapacitated individual and capacity. The Board would be made up of lawyers and medical professionals with those appearing before the Board being without representation although they will have an attorney appointed to assist them. In addition, the board would hold hearings withing 7 days of a request instead of the months it sometimes takes the court system to get to the same point. As of now, the proposal has not been considered by the Ontario legislature although it has been recommended for consideration by the Law Commission of Ontario.
See Jacques Gallant, Elder-care disputes may be moved out of courts, The Star, January 11, 2016