When disputes break out within families on the proper care for an elderly relative, the families often turn to the court system. Ontario is working to change the system.
Siblings have been known to disagree about the best care for their parents even when an elderly person has a general durable power of attorney and a health care power of attorney. These disputes often end up in a court system which is burdened by cases. It can take a long time to resolve the dispute even if it is a minor case.
The Toronto Star reports that the Canadian province of Ontario is considering changing how it handles these disputes in "Elder-care disputes may be moved out of courts."
The idea is to move the disputes out of the court system and have them heard by an already existing administrative board. This board already hears cases regarding whether an elderly person is mentally incapacitated, so disputes about care would seem like a natural fit.
Instead of a long court process, the board must hear cases within seven days of the cases being filed.
While the proposal would certainly resolve disputes more quickly, there are some potential drawbacks.
Parties before the board are normally not represented by attorneys. A quick turn-around time to resolve the disputes might not leave enough time for investigation and to prepare a proper case.
However, if this proposal becomes law, it is certain to be watched closely in other jurisdictions to see if it works out.
Reference: Toronto Star (Jan. 11, 2016) "Elder-care disputes may be moved out of courts."
