Dr. Michel Silberfeld has been a specialist in psychiatry in Ontario from 1976. He worked at The Baycrest Centre for Geriatric Care from 1985 to 2002. From 1988 until March 2002, he was the founder and co-ordinator of the Competency Clinic. He was involved in the implementation of the Consent and Capacity legislation now current in Ontario. Dr. Silberfeld is the author of more than 60 articles and several book chapters on capacity published in the fields of medicine, law, and bioethics.
The aging population combined with changing social patterns of marriage and re-marriage in the face of dependancy, frailty and vulnerability and the diminished capacity of older adults is creating new legal and societal challenges especially when it comes to the estate plan.
Capacity to Marry and the Estate Plan is the first comprehensive research tool to aid in looking at the validity of marriages in the context of estate administration, planning, and litigation. It explores the requisite capacity to marry and with it testamentary capacity, threshold decisional capacity, with a focus on predatory marriages.
The authors possess various expertise offering guidance from both legal and medical points of view, providing commentary and analysis on the relevant legislation, case law and societal issues. As a result, this resource helps legal practitioners to ask the proper questions when advising their clients.
Incompetency is loss of the ability to make, and act on, your own decisions and with the aging of North America's population, it is increasingly widespread. It can happen to anyone and many people want to plan for its possibility in order to ensure their own care and protection. Incompetency can cause great, but often avoidable, suffering and emotional anguish to those afflicted by it, as well as the relatives and friends who care for them. People in health care, financial services, and law must deal with clients whose competency in some, or all, matters can be questioned.
Addressing the needs of incompetent people, or planning for its possibility, requires knowledge about what incompetency is, how to recognize and react to it, and what kinds of professional advice to seek. This book is a practical, focused guide to thinking about incompetency, as useful to the layman as to those who perform, or refer clients to, competency assessments.