FAMILY CAREGIVER LAW · DEMENTIA

Supporting Family Caregivers of Loved Ones with Dementia

We understand the unique concerns that family caregivers caring for a loved one with dementia face. Our goal is to provide clear, compassionate legal guidance so you can focus on what matters most—caring for your loved one.

How We Help Family Caregivers

Powers of Attorney & Legal Decision-Making

Ensuring that your loved one’s financial and personal care decisions are handled appropriately is crucial. We assist with drafting and reviewing Powers of Attorney (POAs) for Personal Care and Property; helping clients understand their duties under POAs; and navigating disputes related to capacity and decision-making.

Navigating the Healthcare System

Accessing the right healthcare and support services can be overwhelming. We provide legal advocacy and guidance for accessing long-term care vs. retirement homes. We help clients understand where capacity assessments are required, how to apply for the various homes, the differences between them and much more.

Guardianship Applications

If your loved one does not have valid Powers of Attorney and is no longer capable of making decisions, you may need to apply for guardianship. We assist with determining whether guardianship is necessary, applying for guardianship in Ontario, and addressing family disputes over care.

Resolving Family Disputes

Families don’t always agree on the best course of action. When disputes arise, we help clients who wish to attend mediation to resolve the issue. We support clients who want to avoid escalating the conflict so they can focus on the best interests of their loved one.

Strategic and Creative Problem-solving

We help clients creatively navigate the challenges presented by dementia, such as understanding when it is lawful (and ethical) to fib; facilitating a dignified transition to long-term care, even when your loved one resists; and managing financial matters for a loved one whose cognitive decline or paranoia may lead to misunderstandings or unfounded accusations

Hospital Discharge

We help clients understand their rights, obligations and options as it pertains to hospitals discharging individuals with dementia who cannot return home safely. We advocate on your behalf to ensure your loved one is not sent home to unsafe conditions.

Read blogs about dementia and the law

The Firm

Lisa Feldstein Law Office Professional Corporation is a health law firm that focuses on serving family members as they interact with the health care system as caregivers, decision-makers and advocates. We call our niche Family Health Law™.

Our primary mission is to serve the family – people trying to build families through assisted reproduction, people trying to access care and make decisions for family members, and people trying to manage health-related legal issues that have arisen within their family.

We know that if you are contact us, you are going through a stressful time. Our goal is to take away the worrying with respect to the law. We will explain the legal issues and your options in plain English. We won’t talk to you using legal mumbo jumbo.

We will identify possible solutions and help you to achieve them.

How We Work

If you are contacting us, you likely have plenty to worry about.  Our goal is to at least take away the worrying with respect to the law. We will explain things to you in plain English and translate legalese where it is used.

We also rely on our mediation and negotiation training to avoid damaging relationships, or provoking retaliation, while striving to achieve your goals. We understand the expense and time commitment of being an advocate or family caregiver, or trying to have a baby with the assistance of a fertility clinic. We therefore offer flexible office hours and methods of communication. If you would like to correspond by videoconference or text message, just ask!

If you are contacting our firm, you have enough to worry
about already...

About Lisa Feldstein

Lisa Feldstein, BA, JD, is a health and fertility lawyer in Ontario, Canada, with a focus on helping family caregivers navigate the legal challenges of aging, dementia, and the healthcare system.

Lisa founded Lisa Feldstein Law Office PC to make legal support more accessible to families caring for loved ones with dementia and other health issues. Through one-on-one legal services, online courses, and her award-winning educational platform Kinkeeper™, Lisa empowers caregivers with the knowledge they need to advocate effectively—whether dealing with hospital discharge, long-term care, substitute decision-making, or guardianship.

Lisa has represented families before the Consent and Capacity Board, Health Services Appeal and Review Board, Ontario Superior Court of Justice, and other tribunals.

She has taught Health Care Law at York University for nearly a decade and regularly speaks on topics like capacity, substitute decision-making, guardianship, and elder law. Lisa’s work has been recognized with awards including the Precedent Setter Award and a Canadian Law Blog Award (Clawbie).

She’s passionate about using technology to improve access to justice for caregivers in Ontario. When she’s not advising clients or teaching, Lisa creates practical, plain-language legal resources to help families understand their rights and responsibilities under Ontario’s health and capacity laws.

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Frequently Asked Questions

Frequently Asked Questions About Dementia Law

Does a dementia diagnosis mean that someone is legally incapable?+

No. A diagnosis of dementia does not automatically mean that a person is incapable of making decisions or executing legal documents. Capacity is specific to the particular decision and the time at which it must be made. A person may be capable of making some decisions — such as where to live or what medical treatment to accept — but incapable of managing complex financial matters.

Capacity can also fluctuate. When family members, health care providers, or financial institutions disagree about a person's abilities, legal advice can help clarify which capacity test applies, whether a formal assessment is appropriate, and how the person's rights can be protected.

Can someone with dementia still make a Power of Attorney?+

Possibly. A person does not need to be capable of managing all of their finances or personal care decisions to make a valid Power of Attorney. However, they must meet the specific legal test for understanding what the document does and the authority they're giving to another person.

Because dementia may progress over time, it's important to get advice as early as possible. A lawyer may also recommend additional steps to document capacity and reduce the risk of the Power of Attorney being challenged later.

What happens if a person with dementia does not have a Power of Attorney?+

The answer depends on the type of decision involved. Ontario law provides a hierarchy of substitute decision-makers for health care decisions, so a relative may be authorized to make certain treatment decisions even without a Power of Attorney for Personal Care.

There's no equivalent automatic authority for managing another adult's money or property. A family member may need to pursue statutory guardianship through the Office of the Public Guardian and Trustee, or apply to court to become the person's guardian. Legal advice can help identify the least restrictive and most practical and affordable option.

Can a person with dementia be forced to move into long-term care?+

Not simply because they have dementia, or because their family believes moving would be safer. The person's capacity to decide about admission must first be considered. A person who is capable generally has the right to decide where they'll live, even when others disagree with the decision.

When a person is found incapable, an authorized substitute decision-maker may be asked to decide on their behalf. These cases can become especially difficult when the person objects, family members disagree, or there are concerns about how to physically transport the individual. Legal advice can help families understand the limits of substitute decision-making and explore less restrictive options.

What can I do if I'm concerned that an attorney is misusing a Power of Attorney?+

An attorney for property or personal care must follow Ontario law and act in accordance with the incapable person's wishes, interests, and legal rights. Warning signs may include unexplained withdrawals, unusual transfers of property, isolation from family, failure to pay for necessary care, or decisions that appear to benefit the attorney rather than the person with dementia.

Depending on the circumstances, it may be appropriate to request financial records, demand a formal accounting, contact the Office of the Public Guardian and Trustee, or bring a court application. Where there's an immediate risk of harm or financial loss, prompt legal advice may be important.

Have questions about a loved one's dementia diagnosis?

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