David A. Hausman, Partner, Fasken Martineau DuMoulin LLP

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Presentation transcript:

Senior’s Issues A breakfast seminar presented by the CLS Education Sub-committee David A. Hausman, Partner, Fasken Martineau DuMoulin LLP Carol Inwood, Senior Counsel, BMO Wealth Management Terry Moore, Senior Counsel, CIBC

IIROC/IIAC Guidance IIROC Rules Notice – 16-0114 - Guidance on compliance and supervisory issues when dealing with senior clients (May 31st, 2016) IIROC Webcast - 16-0129 - Dealing with Senior Clients (June 13th, 2016) IIAC Guidance Report – Protecting Senior Investors - Compliance, Supervisory and Other Practices When Serving Senior Investors (March 18, 2014)

Capacity Resources Substitute Decisions Act, 1992 (Ontario) Capacity to manage property – s. 6 Capacity to make personal care decisions – s. 45 Capacity to grant/revoke POA for property – s. 8 Meeting the Needs of Investors with Cognitive Decline, Advisor Insights (June 2016: The Investment Fund Institute of Canada)

Financial Abuse/Undue Influence Undue Influence - Recognition/Prevention: A Reference Aid (2011: British Columbia Law Institute) Recognizing Financial Abuse – Pocket Guide (2015: New Brunswick Financial and Consumer Services Commission) Long-Term Care Homes Act, 2007 (Ontario) – s.24 Retirement Homes Act, 2010 (Ontario) – ss.75, 98

Other Resources Canadian Bankers Association: Your Money – Seniors website What every older Canadian should know about Powers of Attorney and Joint Bank Accounts (2013: Forum of Federal, Provincial and Territorial Ministers Responsible for Seniors)