Who consents to children receiving the Covid-19 vaccine? The child? The parents? The government? The answer is complicated.
It is really necessary to have a contract with a egg, sperm or embryo donor?
A guardian of property can do almost anything - except make a Will! Learn more in this blog.
When discussing a patient or resident's capacity, it is important to be specific. Simply stating that a person is "incapable" is generally incomplete.
What is a capable person entitled to know before they consent or decline to consent to a proposed treatment?
Once in a while a client who is donating eggs to a friend or relative has asked us, do I have to accept the reimbursements? They aren't sure if refusing to be reimbursed for out-of-pocket expenses could somehow affect the legality of the agreement.
A brief overview of the Ontario Consent and Capacity Board.
Deciding to donate eggs is a big decision. The second biggest decision? Whether to do so on a known or anonymous basis.
Family caregivers do not necessarily anticipate being thrust into the role of an advocate, yet this is what happens all the time.
Who makes decisions if a patient is unable to for themselves?
The Public Guardian and Trustee (PGT) is an agency that plays a role in many matters involving consent and capacity.
3 reasons why having a surrogacy agreement is SO IMPORTANT!
In the fourth video of four part mini-series on mismanaging property, I discuss ODSP. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
In the third video of four part mini-series on mismanaging property, I discuss joint accounts. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
In the second video of four part mini-series on mismanaging property, I discuss guardianship of property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
In our 4 part mini-series on mismanaging property, I discuss powers of attorney for property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
A Form 3 is a legal tool completed by a physician that requires a person to stay at the hospital as an involuntary patient in a psychiatric unit.
A Form 1 is a legal tool completed by a physician that allows a person to be detained at a hospital for up to 72 hours so that their mental health can be examined.
Close contact now allowed between residents and their essential caregivers provided the parties have received both doses of their vaccinations.
We made a tool for parents of children (of any age) with developmental disabilities who are unable to make medical decisions for themselves.
We are debriefing the films "I Care A Lot" and "The Guardians".
We're excited to announce 2 online courses we’ve made specifically for families who have a loved one with a mental illness.
We have a giveaway for Family Caregiver Day! And I want to explain why.
MAID is no longer available exclusively for individuals who are dying.
Can someone retrieve your sperm or egg from your body after you die - and use it to have a child? The answer is complicated.
We are on the verge of MAiD becoming lawful for Canadians whose death is not reasonably foreseeable.
Do surrogates get paid? What can be reimbursed? How do reimbursements work? This video has the answers!
Media is reporting that the government is considering removing the right of substitute decision-makers to consent to withdrawal of ventilators.
In this vlog, the surrogacy process is demystified.
In this video I provide an overview of the embryo donation process.
Information for egg donors to consider before they meet with a lawyer for independent legal advice.
We created an online DIY guardianship course to assist individuals to become guardian of property for their loved one - without hiring a lawyer! This video provides some context about why we made the course and who it is for (and not for!)
Intended Parents often call us at the very beginning of their surrogacy journey. While we're happy to chat, the actual legal work does not begin until later in the process.
Three ways Covid-19 has impacted surrogacy.
Some non-legal advice for intended parents about surrogacy.
In November 2020 Lisa Feldstein was quoted in The Province in an article by Laura Hensley entitled "The 'extraordinary' case of Britney Spears' conservatorship".
Find out our #1 tip for intended parents considering surrogacy.
At the highest level, surrogacy lawyers do 2 main things: (1) help with the surrogacy agreement (drafting it and/or providing legal advice) and (2) ensuring the intended parents' names are shown on the birth certificate.
We've been planning it for ages and we're thrilled to announce that our first online course is officially available!
On October 7, 2020 the Ministry of Long-Term Care released a new COVID-19 Visiting Policy.
A B.C. Court has upheld parts of the law that, if dismantled, could open the door to a two-tier health care system in Canada.
Why is it so important that intended parents and surrogates have their own lawyers? Find out here!
Our vlog answering the question: is surrogacy legal?
After dabbling with videos on our Facebook page during COVID19, we've decided it's time to get a little more serious...
Since 2004 we've been waiting for the Assisted Human Reproduction Act to tell us what expenses can lawfully be reimbursed to donors and surrogates. Finally, the time has come. Mostly.
A brief summary of the first case in Ontario challenging a hospital's no-visitor policy during COVID-19.
With an ongoing pandemic, and the pressing need to practice physical distancing, finding a witness for MAID just got a whole lot harder.
Effective Monday, March 16, 2020 Lisa Feldstein Law Office will be working exclusively out of the office.
Mitigating the spread of a communicable illness is a responsibility we all share. No government can do it effectively without the cooperation of its citizens. But they can make it unappealing to break the law and tempt our fate.
After consultation with stakeholders, commissioning of expert reports, and some lawsuits stating that aspects of the current law are unconstitutional, the time to update Canada's MAID laws has finally arrived.
Embryo donation agreements all have one thing in common. Can you guess what?
We've been getting lots of questions about Health Canada's new regulations relating to donating genetic material...
Find out what a POA for Personal Care is (hint: it's different than a Will) and what goes into one.
It’s holiday time and questions often arise about whether gifts can be given on behalf of a person who, legally, isn’t capable of managing property.
Have a family meeting. Sign the legal documents. And, by the way, your siblings are probably suspicious of you.
Is it legal to retrieve sperm from a dead man – and use it to have a baby? The short answer is exactly what you’d expect from a lawyer: it depends. The long answer, for Canada at least, is that it depends on whether the deceased man put his wishes in writing and who would be using the sperm.
There are parents who describe their teenagers as “addicted” to video games. They might be right. On their path to seek help for their kids who seem lost in another world, could they have their children committed to a psychiatric facility? Perhaps.
A Toronto clinic violated Ontario's privacy laws by having video cameras placed throughout the premises without obtaining patient consent.
If you know someone caring for a loved one with dementia, you have to read this blog post!
Health Canada expresses plans to amend the Assisted Human Reproduction Act
The Long-Term Care Homes Public Inquiry Final Report contains a surprising amount of information about healthcare serial killers.
Health Canada released regulations to the Assisted Human Reproduction Act, which now specifies what can be reimbursed to egg/sperm donors and surrogates.
An Ontario man entered family law arbitration seeking to vaccinate his kids, which his ex-wife opposed. To his surprise, he lost.
Physicians are infamous for their sloppy handwriting. But are there legal consequences?
The Ontario government recently proposed legislation that, if passed, would fundamentally change the delivery of health services in Ontario.
Lisa had the pleasure of writing the Reproductive Health Law chapter in the 2019 book entitled "Introduction to Health Law in Canada".
Here are the submissions made by Lisa Feldstein to Health Canada.
“Free birthing” is a movement of pregnant women rejecting the medicalization of birth and intentionally delivering babies outside the health care system. Why do people do it? Is it legal? And what can be done instead?
The week of November 19 is all about fertility law!
Should advance requests to medically assisted death be legal?
I will be presenting on Planning for Incapacity: Legal Consent and Decision-Making as part of a FREE workshop taking place Saturday, October 13 in King City, Ontario. Please join us and spread the word to caregivers of seniors!
An Ontario woman was told by the government that her physiotherapy in Alberta would be covered by OHIP. It wasn't. She appealed - and lost.
Confused about surrogacy law? Here is an overview of the legal process.
An Ontario Court provided some clarity as to how frozen embryos should be divided in the event of a divorce.
A person who is brain dead often does not appear dead. Their heart can still be beating and their chest may rise and fall. These behaviours raise the question, when should a personally be legally dead?
In Canada it is currently against the law to pay someone to donate sperm or eggs, or to be a surrogate. One politician wants to change that.
The term "proposed representative" is not in most people's vocabulary, and doesn't need to be. But if you are a family caregiver and the term arises, chances are there is a conflict about who makes health care decisions for a loved one.
Today is the first day of Canadian Infertility Awareness Week 2018. To those who are struggling, you are not alone [...]
It’s tax time! From ambulance services and assisted breathing devices to medical marijuana and wigs, a variety of expenses can save you money on your taxes...
Today is National Caregiver Day. At Lisa Feldstein Law Office, we interact with caregivers all the time. They constantly impress us with the knowledge they’ve acquired, the sacrifices they make, and the balancing acts they perform. They are not always heard by health professionals. They are not always thanked by their loved ones. But they are the invisible backbone of our health care system. So cheers to the caregivers! You are amazing! And YOU ARE NOT ALONE!
Many people appointed under a POA do not know they have specific legal obligations, and that they could face serious financial and other consequences if they do not satisy their duties.
In Ontario, if a doctor has a religious, moral or ethical objection to providing a medical service, such as abortion or medical assistance in dying, they can refuse..
With the holidays comes an opportunity to spend time with family and check on how loved ones are doing. As our relatives age or enter new stages of life, some of them may face health challenges we only discover when we visit in person.
The federal government has proposed new laws that would require certain health professionals involved with medical assistance in dying (“MAID”) to file reports about MAID.
A man in Florida tattooed “DO NOT RESUSCITATE” (often referred to as “DNR”) on his chest. Later in life he was brought into the emergency department in an unconscious state and his health care professionals were subsequently left to ponder whether they could – or should – honour his wish if his heart stopped.
When new clients contact us about surrogacy, one of their first questions is whether a surrogacy contract is really required when the surrogate is a relative. Our answer is always the same: yes...
The Ontario government introduced a new bill (“Bill 160, Strengthening Quality and Accountability for Patients Act, 2017″) that, if passed, would create a variety of changes within our health care system
The Human Rights Tribunal of Ontario recently decided that a nine-year-old boy with Autism does not have a right to bring his service dog with him to his elementary school... So, what does this decision mean for other children who utilize service animals?
Once in a while illegal activity is not prosecuted because it appears to be in the best interests of the public. This is currently happening in Toronto, where Harm Reduction Workers set up an illegal pop-up overdose prevention site in Moss Park because they believed the opioid crisis is at a point where drug users in the city cannot wait months for a legal supervised injection site.
Health Canada is planning on amending the Assisted Human Reproduction Act and is seeking feedback from the public.
An Ontario Court has brought some clarity to confusing language in the Criminal Code that regulates medical assistance in dying in Canada.
April 4, 2017 was the first ever National Family Caregiver Day in Canada. In support of caregivers I attended the City of Toronto Caregiver Appreciation Event and watched Toronto Mayor Tory proclaim April 4th to be Family Caregiver Day in Toronto.
This blog reviews – and strongly endorses – two of those recommendations made by the Law Commission of Ontario relating to powers of attorney.
On December 7, 2016 the Ontario government introduced Bill 84, Medical Assistance in Dying Statute Law Amendment Act, 2016 to fill some gaps that were outside Parliament’s authority to legislate.
There is a new Bill in government that would alter how surrogacy operates in Ontario.
See what we submitted to the government.
On September 29, 2016 the Ontario government introduced a new Bill that would fundamentally change the legal landscape with respect to who is a parent.
There have been efforts over the past several years to amend the law so that a volunteer can use the same police check for multiple organizations. The latest effort to enact this change came on September 15, 2016, with the first reading of Bill 15, Helping Volunteers Give Back Act, 2016. Variations of this Bill have been introduced previously in the Ontario Legislature.
There have been several media articles about “death doulas” or “death midwives”, who provide services to people who are dying and their families. The fact that many of these individuals are volunteers makes it clear they are driven by a passion to help. However, as a new field there are multiple legal issues that could pose problems for these service providers and the public alike.