Lynda Cassels answers some questions about practising in the area of Elder Law

 By Christine Murray

Q: What is the CBABC Elder Law Section currently working on and what are some of the upcoming events for the Section? 

One of the Section’s goals is to reach out to practitioners across a broad spectrum of practice areas and assist them in recognizing elder law issues and to help them identify the resources they need to assist their older clients when these issues arise.

On February 8, 2012, the CBABC Elder Law Section meeting will be a nuts and bolts practitioner’s session on committeeship applications, entitled “Committeeship 101.” Deidre Herbert of McLellan Herbert and Sarah Watson, solicitor with adult services with the PGT will be joining us for what promises to be a lively and practical discussion. 

In April, we will be focusing on elder law issues that arise in the family law context. For example, what are the options when one spouse becomes incapable and their capable spouse is unable to access income or assets? What if legal remedies are required under family law legislation to secure support, but the capable spouse does not wish or intend to end the marriage? Anna Laing of Fasken Martineau will be joining us to discuss the recent BCCA case on the capacity to separate (Wolfman-Stotland v. Stotland), the impact of the new Family Law Act, and approaches for assisting clients in these situations.

Q: How did you become involved in practising Elder Law?

For me it was a natural evolution from practising in committeeship, family law and wills and estates. I joined the Elder Law Section in order to meet experienced elder law practitioners and develop this area of my practice.

Q: Can you offer some advice to lawyers who want to get involved in practising in the area of Elder Law?

Be honest with yourself about what you like to do and why you are doing it. Elder law, by its nature, involves a lot of one on one involvement with individual clients, often working on tough issues that are of tremendous emotional and personal import. Sometimes, the most prudent course of action from a legal perspective may not sit well with the client, who may be more concerned with preserving family harmony or avoiding conflict. In that way, it is similar to family law. If you don’t love people, don’t go into elder law. 

If this is what you want to do, recognize that elder law is about more than just the law. Educate yourself about the health issues, community resources and services for seniors in your community. And find a mentor – someone you can talk over the tough cases with. 

Q: What do you see as the biggest challenge in practising Elder Law?

Personally, one of the biggest challenges is a practical one – how to provide services to older clients in a way that is cost effective. The reality is that with older clients, more time is often needed to serve the client well. The client may be dealing with a number of overlapping issues and family problems, and extra time may be required to assess capacity or investigate the services available to that particular client. Some clients may be hard of hearing or have vision problems that make reviewing documents and taking instructions more time-consuming. There can also be fatigue or health issues that limit how much time the client can spend at one sitting, or when in the day they are able to comfortably meet.
 

Q: What is your favourite quote? 

“Do unto others as you would have them do unto you. Think about others as you would have them think about you. Feel about others as you would have them feel about you.” – Dr. Joseph Murphy

Family Lawyer Christine Murray practises at Berge Hart Cassels LLP.

This article was published in the February 2012 issue of BarTalk. © 2012 The Canadian Bar Association. All rights reserved.