Blog - Family Health Law

Legal Decision on Frozen Embryos: Malone v. Cappon

November 14, 2023

This blog explores the legal intricacies of the Malone v. Cappon case, specifically focusing on the challenges surrounding frozen embryos, jurisdictional issues, and the intersection of family law and reproductive technologies.

Bioethics Reproductive Law

Potential new benefits for intended parents

September 28, 2023

People who become parents through surrogacy and adoption get less EI than other parents. That might be about to change.

Legislative Update Reproductive Law

AI-Powered Advocacy for Family Caregivers (Webinar)

September 28, 2023

A webinar about how caregivers can leverage artificial intelligence

Lisa Feldstein Law Office Webinars

Unraveling the Abortion Debate in Canada: Shared Values and Nuanced Perspectives

August 23, 2023

In Canada, the perception of a heated abortion debate is challenged upon closer scrutiny. With minimal abortions occurring beyond 21 weeks and only 8% of Canadians opposing abortion entirely, Canadians are actually more aligned than we might think.

Bioethics Health Services

What happens after you sign the surrogacy agreement?

February 14, 2023

The ink on the contract is still wet. Now what happens? Watch to find out!

Our Vlog Surrogacy

MAID and Mental Illness Webinar

February 2, 2023

Join us on February 16, 2023

Mental Health End of Life / Assisted Dying

Kinkeeper™ wins an Innovation Award!

December 1, 2022

We are proud to share great news with you!

Family Caregivers Lisa Feldstein Law Office

What is a Form 2?

September 13, 2022

If you have a loved one with a serious mental illness, you HAVE to watch this video. It is about the primary legal tool to get a person to the hospital for an assessment.

Consent and Capacity Mental Health

Proposed law could force patients into long-term care without consent

August 25, 2022

The government is currently debating a bill that could force people to long-term care without consent, even if they are mentally capable of making their own decisions.

Consent and Capacity Elder Law

What happens if a guardian dies?

July 27, 2022

Parents becoming guardians of their adult children often fear what will happen when they are gone.

Family Caregivers Guardianship

What happens if a substitute decision-maker lacks capacity?

July 14, 2022

A substitute decision-maker must be "capable" of making treatment decisions. What happens if they're not?

Consent and Capacity Family Caregivers

Joint Guardianship: Pros and Cons

June 9, 2022

In this vlog Lisa reviews three (3) pros and three (3) cons of becoming guardian with another person.

Family Caregivers Guardianship

Upcoming Webinar: Should I Become Guardian of the Person?

June 7, 2022

On July 21, 2022 we will be hosting a free webinar about guardianship of the person.

Guardianship Family Caregivers

3 ways to save money during surrogacy

May 31, 2022

If you are considering surrogacy, check out this video that provides 3 ways to save money during surrogacy.

Our Vlog Reproductive Law

What Can Be Reimbursed to Surrogates?

May 9, 2022

In Canada it is against the law to pay a surrogate, although reimbursements are legal. But which reimbursements are lawful?

Our Vlog Surrogacy

6 Week Course: Guardianship in Ontario (for parents who have an adult child with disabilities)

April 29, 2022

Our 6 week guardianship course starts this week!

Consent and Capacity Family Caregivers

What is a Management Plan?

April 23, 2022

What is a Management Plan? Hint: It relates to guardianship of property.

Why would I need to become guardian of property?

April 19, 2022

Join us on April, 28 at 6pm (Ontario time) for a free webinar where we dive into the question, why would I need to become guardian of property?

Family Caregivers Guardianship

Announcing our online "shop"!

March 4, 2022

We now sell digital downloads through our online shop!

Lisa Feldstein Law Office Powers of Attorney

What is a Management Plan?

February 2, 2022

A guardian of property must complete, and follow, a Management Plan. Learn more here.

Our Vlog Guardianship

Three Things to Discuss With Your Surrogate

January 25, 2022

3 things people considering surrogacy should discuss with a potential surrogate

Where Does a Surrogate Give Birth?

January 14, 2022

Does the location of the birth really matter? (hint: yes, yes it does)

Reproductive Law Surrogacy

What Happens When Substitute Decision-makers Can't Agree On a Decision?

December 13, 2021

Sometimes 2+ people have to make health care decisions for someone else (e.g. 2 parents deciding for a child, 3 adults deciding for a parent with dementia). In this vlog we answer the question: what happens if those decision-makers can't agree?

Consent and Capacity Our Vlog

What is a Mature Minor?

December 6, 2021

Find out what "mature minor" means in Ontario.

Consent and Capacity Our Vlog

Who consents to the Covid-19 vaccine? (5-11 year olds)

December 1, 2021

Who consents to children receiving the Covid-19 vaccine? The child? The parents? The government? The answer is complicated.

Consent and Capacity

Should You Have a Contract With Your Donor?

November 15, 2021

It is really necessary to have a contract with a egg, sperm or embryo donor?

Reproductive Law Our Vlog

What Happens After Surrogacy?

November 9, 2021

The baby is born: now what?

Our Vlog Reproductive Law

What Does a Guardian of Property Do?

November 4, 2021

A guardian of property can do almost anything - except make a Will! Learn more in this blog.

Consent and Capacity Elder Law

What is Capacity?

October 11, 2021

When discussing a patient or resident's capacity, it is important to be specific. Simply stating that a person is "incapable" is generally incomplete.

Consent and Capacity Our Vlog

Informed Consent

October 4, 2021

What is a capable person entitled to know before they consent or decline to consent to a proposed treatment?

Consent and Capacity Our Vlog

Can Donors Decline Reimbursements?

September 20, 2021

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.

Reproductive Law Our Vlog

What is The Consent and Capacity Board?

August 30, 2021

A brief overview of the Ontario Consent and Capacity Board.

Consent and Capacity Our Vlog

3 Considerations When Choosing Whether to Donate Eggs Anonymously

August 27, 2021

Deciding to donate eggs is a big decision. The second biggest decision? Whether to do so on a known or anonymous basis.

Reproductive Law Our Vlog

3 Tips For Caregivers

August 12, 2021

Family caregivers do not necessarily anticipate being thrust into the role of an advocate, yet this is what happens all the time.

Family Caregivers Our Vlog

How do you know who a patient's substitute decision-maker is?

August 9, 2021

Who makes decisions if a patient is unable to for themselves?

Mental Health Our Vlog

What Does the Public Guardian and Trustee (PGT) Do?

July 26, 2021

The Public Guardian and Trustee (PGT) is an agency that plays a role in many matters involving consent and capacity.

Family Caregivers Consent and Capacity

3 Reasons to Have a Surrogacy Agreement

July 19, 2021

3 reasons why having a surrogacy agreement is SO IMPORTANT!

Reproductive Law Surrogacy

Mismanaging Property Mini-Series (Part 4 of 4): ODSP

July 13, 2021

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.

Guardianship Mental Health

Mismanaging Property Mini-Series (Part 3 of 4): Joint Accounts

July 8, 2021

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.

Guardianship Mental Health

Mismanaging Property Mini-Series (Part 2 of 4): Guardianship

June 28, 2021

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.

Guardianship Mental Health

Mismanaging Property Mini-Series (Part 1 of 4): Powers of Attorney

June 14, 2021

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.

Powers of Attorney Mental Health

What is a Form 3?

June 3, 2021

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.

Mental Health Our Vlog

What is a Form 1?

May 13, 2021

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.

Mental Health Our Vlog

Long-term care residents can now hug their essential caregiver - if both are fully vaccinated.

May 6, 2021

Close contact now allowed between residents and their essential caregivers provided the parties have received both doses of their vaccinations.

Long-Term Care & Retirement Homes

An app for parents who have children with developmental disabilities

April 21, 2021

We made a tool for parents of children (of any age) with developmental disabilities who are unable to make medical decisions for themselves.

Special Needs Consent and Capacity

Webinar Announcement: Debriefing "I Care A Lot" and "The Guardians"

April 12, 2021

We are debriefing the films "I Care A Lot" and "The Guardians".

Guardianship

Caregiver Day T-Shirt Giveaway

April 6, 2021

We have a giveaway for Family Caregiver Day! And I want to explain why.

Family Caregivers

Online Courses for Caregivers About Mental Health Law

April 6, 2021

We're excited to announce 2 online courses we’ve made specifically for families who have a loved one with a mental illness.

Family Caregivers Consent and Capacity

How Canada's Medically Assisted Death Laws Have Changed (Hint: Eligibility Has Expanded)

April 1, 2021

MAID is no longer available exclusively for individuals who are dying.

Legislative Update Bioethics

Can Someone Use Your Egg or Sperm After You Die to Have a Baby?

March 15, 2021

Can someone retrieve your sperm or egg from your body after you die - and use it to have a child? The answer is complicated.

Bioethics Reproductive Law

What's the latest on medical assistance dying in Canada?

February 23, 2021

We are on the verge of MAiD becoming lawful for Canadians whose death is not reasonably foreseeable.

Legislative Update Health Services

Do Surrogates Get Paid?

February 22, 2021

Do surrogates get paid? What can be reimbursed? How do reimbursements work? This video has the answers!

Reproductive Law Surrogacy

Is the law changing to permit physicians to remove ventilators?

January 29, 2021

Media is reporting that the government is considering removing the right of substitute decision-makers to consent to withdrawal of ventilators.

Bioethics Consent and Capacity

What happens during the surrogacy process?

January 25, 2021

In this vlog, the surrogacy process is demystified.

Surrogacy Our Vlog

An Overview of the Embryo Donation Process

January 22, 2021

In this video I provide an overview of the embryo donation process.

Our Vlog Reproductive Law

What I Want Egg Donors to Know Before Our Meeting

January 8, 2021

Information for egg donors to consider before they meet with a lawyer for independent legal advice.

Reproductive Law

An Introduction to our DIY Guardianship Course

January 5, 2021

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!)

Consent and Capacity Family Caregivers

When do I need a surrogacy lawyer?

December 23, 2020

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.

Our Vlog Reproductive Law

How has Covid-19 impacted surrogacy in Canada?

December 4, 2020

Three ways Covid-19 has impacted surrogacy.

Our Vlog Reproductive Law

Don't Abandon Your Surrogate!

November 30, 2020

Some non-legal advice for intended parents about surrogacy.

Our Vlog Reproductive Law

Britney Spears' conservatorship

November 24, 2020

In November 2020 Lisa Feldstein was quoted in The Province in an article by Laura Hensley entitled "The 'extraordinary' case of Britney Spears' conservatorship".

Lisa Feldstein Law Office Guardianship

# 1 Tip for Intended Parents

November 11, 2020

Find out our #1 tip for intended parents considering surrogacy.

Our Vlog Reproductive Law

What does a surrogacy lawyer do?

October 29, 2020

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.

Our Vlog Reproductive Law

Launching our first online course!

October 15, 2020

We've been planning it for ages and we're thrilled to announce that our first online course is officially available!

Lisa Feldstein Law Office Guardianship

Long-term care visitor policies: what to expect in the second wave

October 8, 2020

On October 7, 2020 the Ministry of Long-Term Care released a new COVID-19 Visiting Policy.

Elder Law Long-Term Care & Retirement Homes

B.C Court rules against physician advocating for private health system

September 11, 2020

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.

Health Services Health Insurance / OHIP

#1 Reason Surrogates Need Their Own Lawyer

August 12, 2020

Why is it so important that intended parents and surrogates have their own lawyers? Find out here!

Our Vlog Surrogacy

Is surrogacy legal?

August 8, 2020

Our vlog answering the question: is surrogacy legal?

Reproductive Law Surrogacy

We've started a YouTube channel!

August 6, 2020

After dabbling with videos on our Facebook page during COVID19, we've decided it's time to get a little more serious...

Surrogacy Lisa Feldstein Law Office

Changes to the Law: Reimbursement of Surrogates and Donors

June 8, 2020

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.

Legislative Update Reproductive Law

No-visitor policy challenged during COVID-19

May 17, 2020

A brief summary of the first case in Ontario challenging a hospital's no-visitor policy during COVID-19.

Long-Term Care & Retirement Homes Health Services

How does COVID-19 affect medical assistance in dying (MAID)?

March 28, 2020

With an ongoing pandemic, and the pressing need to practice physical distancing, finding a witness for MAID just got a whole lot harder.

End of Life / Assisted Dying Health Services

Lisa Feldstein Law Office will be working exclusively out of the office on account of COVID-19

March 13, 2020

Effective Monday, March 16, 2020 Lisa Feldstein Law Office will be working exclusively out of the office.

Lisa Feldstein Law Office

What legal duties and risks must travelers accept during the Coronavirus outbreak?

March 10, 2020

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.

Health Insurance / OHIP Health Services

Canada is about to change who is eligible for medically assisted death

February 28, 2020

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.

Bioethics Consent and Capacity

What goes into an embryo donation contract?

February 21, 2020

Embryo donation agreements all have one thing in common. Can you guess what?

Reproductive Law

Safety of Sperm and Ova Regulations

February 10, 2020

We've been getting lots of questions about Health Canada's new regulations relating to donating genetic material...

Legislative Update Reproductive Law

What is a Power of Attorney for Personal Care?

January 15, 2020

Find out what a POA for Personal Care is (hint: it's different than a Will) and what goes into one.

Powers of Attorney Consent and Capacity

Holidays and POAs: 4 things to consider when gift-giving on behalf of a person with dementia

December 11, 2019

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.

Powers of Attorney Consent and Capacity

3 Things You Should Know If Your Parent Has Dementia

December 3, 2019

Have a family meeting. Sign the legal documents. And, by the way, your siblings are probably suspicious of you.

Elder Law Family Caregivers

Is it legal to retrieve sperm from a dead man – and use it to have a baby?

November 19, 2019

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.

Bioethics Reproductive Law

Can you commit someone with a Fortnite addiction to a psychiatric facility?

November 4, 2019

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.

Consent and Capacity Mental Health

Can your doctor record your appointment on video?

October 11, 2019

A Toronto clinic violated Ontario's privacy laws by having video cameras placed throughout the premises without obtaining patient consent.

Privacy Health Services

Let’s talk about dementia – and how to support caregivers

September 15, 2019

If you know someone caring for a loved one with dementia, you have to read this blog post!

Elder Law Family Caregivers

Health Canada Plans to Consider Amending Assisted Human Reproduction Act

August 27, 2019

Health Canada expresses plans to amend the Assisted Human Reproduction Act

Legislative Update Surrogacy

Healthcare Serial Killers and the Long-Term Care Homes Public Inquiry Final Report

August 1, 2019

The Long-Term Care Homes Public Inquiry Final Report contains a surprising amount of information about healthcare serial killers.

Long-Term Care & Retirement Homes Elder Law

Changes to Reimbursements of Surrogates and Donors

June 26, 2019

Health Canada released regulations to the Assisted Human Reproduction Act, which now specifies what can be reimbursed to egg/sperm donors and surrogates.

Legislative Update Surrogacy

Can your ex legally refuse to vaccinate your kids?

May 13, 2019

An Ontario man entered family law arbitration seeking to vaccinate his kids, which his ex-wife opposed. To his surprise, he lost.

Health Services Consent and Capacity

Can doctors get in trouble for messy handwriting?

April 19, 2019

Physicians are infamous for their sloppy handwriting. But are there legal consequences?

Health Services

Goodbye LHINs; Hello Ontario Health

March 18, 2019

The Ontario government recently proposed legislation that, if passed, would fundamentally change the delivery of health services in Ontario.

Family Caregivers Health Services

Reproductive Health Law Chapter

March 15, 2019

Lisa had the pleasure of writing the Reproductive Health Law chapter in the 2019 book entitled "Introduction to Health Law in Canada".

Surrogacy

Proposed Regulations to the Assisted Human Reproduction Act: Lisa Feldstein’s Submissions to Health Canada

January 10, 2019

Here are the submissions made by Lisa Feldstein to Health Canada.

Legislative Update Surrogacy

Free Birthing: A Health Lawyer’s Perspective

December 10, 2018

“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?

Health Services Reproductive Law

Two upcoming fertility law events!

November 13, 2018

The week of November 19 is all about fertility law!

Surrogacy Bioethics

Advance Requests for Medically Assisted Death

November 2, 2018

Should advance requests to medically assisted death be legal?

End of Life / Assisted Dying Bioethics

Upcoming Event for Caregivers - October 13, 2018

October 10, 2018

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!

Family Caregivers

OHIP Coverage Outside Ontario

August 29, 2018

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.

Health Services Health Insurance / OHIP

Surrogacy Contract Process

August 2, 2018

Confused about surrogacy law? Here is an overview of the legal process.

Surrogacy Reproductive Law

What happens to frozen embryos when a couple gets divorced?

August 1, 2018

An Ontario Court provided some clarity as to how frozen embryos should be divided in the event of a divorce.

Surrogacy Bioethics

When is a person legally dead?

July 18, 2018

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?

End of Life / Assisted Dying Bioethics

Health Law Blog

Latest News

Legal Decision on Frozen Embryos: Malone v. Cappon

Potential new benefits for intended parents

AI-Powered Advocacy for Family Caregivers (Webinar)

Unraveling the Abortion Debate in Canada: Shared Values and Nuanced Perspectives

What happens after you sign the surrogacy agreement?

MAID and Mental Illness Webinar

Kinkeeper™ wins an Innovation Award!

What is a Form 2?

Proposed law could force patients into long-term care without consent

What happens if a guardian dies?

What happens if a substitute decision-maker lacks capacity?

Joint Guardianship: Pros and Cons

Upcoming Webinar: Should I Become Guardian of the Person?

3 ways to save money during surrogacy

What Can Be Reimbursed to Surrogates?

6 Week Course: Guardianship in Ontario (for parents who have an adult child with disabilities)

What is a Management Plan?

Why would I need to become guardian of property?

Announcing our online "shop"!

What is a Management Plan?

Three Things to Discuss With Your Surrogate

Where Does a Surrogate Give Birth?

What Happens When Substitute Decision-makers Can't Agree On a Decision?

What is a Mature Minor?

Who consents to the Covid-19 vaccine? (5-11 year olds)

Should You Have a Contract With Your Donor?

What Happens After Surrogacy?

What Does a Guardian of Property Do?

What is Capacity?

Informed Consent

Can Donors Decline Reimbursements?

What is The Consent and Capacity Board?

3 Considerations When Choosing Whether to Donate Eggs Anonymously

3 Tips For Caregivers

How do you know who a patient's substitute decision-maker is?

What Does the Public Guardian and Trustee (PGT) Do?

3 Reasons to Have a Surrogacy Agreement

Mismanaging Property Mini-Series (Part 4 of 4): ODSP

Mismanaging Property Mini-Series (Part 3 of 4): Joint Accounts

Mismanaging Property Mini-Series (Part 2 of 4): Guardianship

Mismanaging Property Mini-Series (Part 1 of 4): Powers of Attorney

What is a Form 3?

What is a Form 1?

Long-term care residents can now hug their essential caregiver - if both are fully vaccinated.

An app for parents who have children with developmental disabilities

Webinar Announcement: Debriefing "I Care A Lot" and "The Guardians"

Caregiver Day T-Shirt Giveaway

Online Courses for Caregivers About Mental Health Law

How Canada's Medically Assisted Death Laws Have Changed (Hint: Eligibility Has Expanded)

Can Someone Use Your Egg or Sperm After You Die to Have a Baby?

What's the latest on medical assistance dying in Canada?

Do Surrogates Get Paid?

Is the law changing to permit physicians to remove ventilators?

What happens during the surrogacy process?

An Overview of the Embryo Donation Process

What I Want Egg Donors to Know Before Our Meeting

An Introduction to our DIY Guardianship Course

When do I need a surrogacy lawyer?

How has Covid-19 impacted surrogacy in Canada?

Don't Abandon Your Surrogate!

Britney Spears' conservatorship

# 1 Tip for Intended Parents

What does a surrogacy lawyer do?

Launching our first online course!

Long-term care visitor policies: what to expect in the second wave

B.C Court rules against physician advocating for private health system

#1 Reason Surrogates Need Their Own Lawyer

Is surrogacy legal?

We've started a YouTube channel!

Changes to the Law: Reimbursement of Surrogates and Donors

No-visitor policy challenged during COVID-19

How does COVID-19 affect medical assistance in dying (MAID)?

Lisa Feldstein Law Office will be working exclusively out of the office on account of COVID-19

What legal duties and risks must travelers accept during the Coronavirus outbreak?

Canada is about to change who is eligible for medically assisted death

What goes into an embryo donation contract?

Safety of Sperm and Ova Regulations

What is a Power of Attorney for Personal Care?