Elder Law

With Canada’s aging population, more and more people are faced with the legal challenges associated with growing older, whether on their own behalf or through the experiences of their parents and other loved ones. At Hamilton Duncan we provide our clients with advice, support, and advocacy to help meet the challenges of the senior years.

We can help you prepare your estate, protect your assets, and choose who you want to speak for you if you are ever unable to speak for yourself. Our lawyers work collaboratively with our clients to ensure their peace of mind about their future, and the future of their affairs. For those with loved ones who have become mentally infirm, we can help you get their affairs under control, so you are better able to provide them with the care they need.

We also help our clients protect themselves, or their loved ones, from financial abuse. As people grow older they can become increasingly vulnerable to predatory practices, whether from family members or unscrupulous acquaintances. We advise on creative strategies to prevent financial abuse, whether ongoing or anticipated. Where abuse has already taken place, we will fight to reclaim you or your loved ones’ wrongfully taken assets.

We use many tools to assist our clients. Some of the most common are:

Powers of Attorney

  • Determine who you trust to make decisions on your behalf
  • Arrange decision-maker powers to be as broad, or as narrow, as you prefer
  • Utilize an ‘Enduring Power of Attorney’ to plan ahead for any future mental incapacity

Representation Agreements

  • Express your wishes as to your future medical care
  • Decide who has decision-making power over your treatment, if you can’t make those decisions yourself
  • Set a plan in place for your loved ones to follow, should you ever experience prolonged infirmity


  • Nominate a future Committee so that there is no dispute over who will provide your care in the event of mental infirmity
  • Apply to the Court for guardianship of an infirm loved one, to protect their interests and manage their care
  • Work with the Public Guardian to ensure your loved ones’ assets are dealt with in the manner which they would desire
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Associate Counsel
Associate Counsel