A Professional’s Toolkit for Identifying and Addressing Decisional Capacity...

Society of Trust and Estate Practitioners (Canada) 18th National Conference Page 1

A Professional’s Toolkit for Identifying and Addressing Decisional Capacity

and Undue Influence STEP Canada 18th National Conference

June 9, 2016 Kimberly A. Whaley TEP, LLM, LLB Leanne D. Kaufman LLB, LLM, TEP Kenneth I. Shulman, MD, FRCPC


INTRODUCTION: Capacity and Undue Influence


Societal Context •  Rapidly aging population •  Age and related physical and cognitive impairment •  Vulnerability, susceptibility to abuse •  Financial exploitation


million 11 SENIORS

BY 2036 +65 15% POPULATION

AVERAGE LIFE EXPECTANCY 86 89

Another reported case of

ALZHEIMER’S SECONDS 69 EVERY


20% DEMENTIA AFFECTS

1 in 11 >65 CURRENTLY HAS ALZHEIMER’S

OR RELATED DEMENTIA

>80 40+% >90

Alzheimer’s is the 6th leading cause of death (in US) with NO CURE worldwide

years old

years old


Projected Number of People Age 65 and Older (Total and by Age Group) in the U.S. Population with Alzheimer’s Disease, 2010 to 2050

Alzheimer’s Association. 2015 Alzheimer’s Disease Facts and Figures. Alzheimer’s & Dementia 2015;11(3)332+.


Prevalence of Alzheimer’s Disease: Increases with Age

1%

7%

26%

0% 5%

10% 15% 20% 25% 30%

65–74 75–84 85+ Age Group Canadian Study of Health and Aging, Can. Med. Assoc. J., 1994


•  Capacity issues and proceedings are complex, giving rise to medical and legal considerations.

•  Medical issues affecting cognition/decisional capacity include: Alzheimer’s disease, dementia in varying degrees, delusional disorders, schizophrenia, alcohol and drug abuse, addiction, normal aging etc.

•  Various capacity “tests” per se (colloquial), factors, criteria or indicators


•  No single legal definition for “capacity” •  Capacity for what? To do what? •  Certain factors are to be considered in an assessment of

requisite mental capacity to make a certain decision/undertake a certain task at a particular time

•  Capacity is decision, time and situation-specific •  Capacity may fluctuate

Capacity in General


•  Legal capacity can fluctuate over time •  The law provides for good days vs. bad

days •  Experts’ opinions vary •  Any expert capacity assessment, or

examination of capacity, must state date and time

Capacity is Time-Specific


•  Under different circumstances a person may have differing capacity

•  At home vs. in doctor’s office •  During stressful situation

Capacity is Situation-Specific


•  Ability to understand all of the information that is relevant to the decision being made and possible implications of the decision in question

Capacity in General


Capacity Assessments Decision-specific

Based on medical and legal factors

Less than perfect science

Retrospective assessments in contentious estate litigation, could be comprehensive and compelling evidence where medical records exist


•  Capacity to grant a CPOAP vs. capacity to grant a POAPC

•  Capacity to execute a Will vs. capacity to marry or make an inter vivos gift etc.

•  Each decision has its own specific capacity criteria/factors/considerations

•  But it is not a “TEST” •  There is no hierarchy of higher/lower

requirements for capacity

Capacity is Decision-Specific


Legislation v. Common Law •  Certain capacity determinations are governed by

legislation – the Substitute Decisions Act (the “SDA”) •  Others through common law precedent •  Certain determinations are to be made by lawyers •  Others by physicians (MHA) or assessors


Substitute Decisions Act, 1992 •  Capacity to manage property – s. 6 •  Capacity to make personal care decisions – s. 45 •  Capacity to grant/revoke POA for property – s. 8

Health Care Consent Act, 1996 •  Subsection 4(1) of the HCCA defines capacity to

consent to treatment, admission to a care facility or a personal assistance service


Drafting Lawyer Drafting Lawyer is Responsible for Assessing: •  Capacity to Grant/ Revoke CPOA for Property •  Capacity to Grant / Revoke a POA for Personal Care •  Testamentary Capacity •  Capacity to Gift (depending on size and context) •  Although a formal assessment can be obtained


Autonomy v. Protection •  Serious ramifications of a finding of incapacity on a

person’s autonomy and ability to make future decisions

•  Loss of liberty, loss of freedom to make decisions affecting oneself


Common Law:

Decisional Capacity Evaluations


Capacity to Contract •  Bank of Nova Scotia v. Kelly (1973), 41 D.L.R. (3d) 273

(P.E.I. S.C.): (a)  The ability to understand the nature of the contract; and (b)  The ability to understand the contract’s specific effect in

the specific circumstances


Capacity to Make a Gift •  Royal Trust Co. v. Diamant [1953] 3 D.L.R. 102 (B.C.S.C.) a)  The ability to understand the nature of the gift; and b)  The ability to understand the specific effect of the gift in the

circumstances •  Evidence/onus for capacity to gift changes if the gift is significant in value

in relation to donor’s assets estate: Testamentary Capacity •  Does not have to be only asset of value, just significant for testamentary

capacity to be required


Testamentary Capacity (Capacity to make a Will) Banks v. Goodfellow (1870) L.R. 5 Q.B. 549 a)  Ability to understand the nature and effect of making a

will; b)  Ability to understand the extent of the property in

question; and c)  Ability to understand the claims of the persons who would

normally expect to benefit under a will of the testator


•  The mind must be “able to comprehend, of its own initiative and volition, the essential elements of Will making, property, objects, just claims to consideration, revocation of existing dispositions, and the like”

•  Capacity at time when instructions given, not necessarily when Will is executed but see case of Parker v. Felgate


Testamentary Capacity: Recent Developments •  Laszlo v. Lawton 2013 BCSC 916 •  “non-vitiating” delusions:

–  she could communicate telepathically with objects by touching them;

–  that characters on television were communicating with her;

–  and that unidentified individuals had stolen significant amounts of money


Laszlo v. Lawton

•  Delusions were not obviously connected to her decision to disinherit her husband’s family who, on the evidence, were her previously-named beneficiaries and deserving of her generosity

•  Evidence she still possessed cognitive faculties at time Will was executed, despite delusions

•  The Court concluded that the deceased lacked testamentary capacity


Testamentary Capacity: Required to Revoke a Will

•  As well as to make a: –  codicil –  testamentary designation, and –  Trust (inter vivos trust less clear)


Capacity to Enter into Real Estate Transaction

•  See for example, Park v Park 2013 ONSC 431, de Franco v. Khatri, 2005 CarswellOnt 1744, Upper Valley Dodge v. Estate of Cronier, 2004 ONSC 34431

•  Important to consider nature of transaction •  Similar criteria to determine capacity to contract/gift or

testamentary capacity if gift of property is significant


Capacity to Marry/Separate/Divorce •  Traditional English view – in order to marry a person

must have the: (a) Ability to understand the nature of the contract of

marriage; and (b) Ability to understand the effect of the contract of

marriage


Capacity to Marry/Predatory Marriage

•  Marriage a “simple” contract, not requiring a high degree of intelligence-historical case law

•  Suggestion: capacity to manage one’s person and one’s property are a component of the factors to be applied in determining/assessing the requisite capacity to marry

•  A form of exploitation and abuse purely for financial gain •  On the rise - not easily challenged


Capacity to Marry: Predatory Marriages - Other tools and equitable remedies: •  Not benefitting from wrongdoing •  The doctrine of unconscionability •  Lack of independent advice •  Inequality of bargaining power •  Common law fraud •  Equitable/constructive fraud/tort of deceit •  In the Matter of Berk, 71 AD 3d 710 (2010) and Campbell v Thomas 897

NYS2d 460 (2010)


Capacity to Separate/Divorce/Marry

•  A.B. v. C.D. 2009 BCCA 2000, Calvert (Litigation Guardian of) v. Calvert 1997 CanLII 12096 (ON SC)

•  Court must be satisfied that the spouse possessed the necessary mental capacity to form that intention

•  Similar requirement to the requisite capacity to marry – ability to appreciate the nature and consequences of abandoning the marital relationship


Capacity to Instruct Counsel •  Wolfman-Stotland v. Stotland 2011 BCCA 175 •  There exists a rebuttable presumption that an adult

client is capable of instructing counsel •  To ascertain incapacity to instruct counsel, involves a

delicate and complex determination requiring careful consideration and analysis relevant to the particular circumstances


UNDUE INFLUENCE An Overview


Undue Influence •  Circumstances where one person has the ability to dominate the will of another person,

whether through manipulation, coercion, or the outright but subtle abuse of power •  Interplay between undue influence and capacity •  Diminished capacity = more vulnerable to undue influence •  Indicators:

–  Dependent on another for emotional and/or physical needs –  Socially isolated –  Recent family conflict –  Recent bereavement –  New Will not consistent with prior Will –  Testamentary changes, simultaneously with POAs, other legal documents, transfers, gifts, loans…


Suspicious Circumstances

•  circumstances surrounding the preparation of the Will •  circumstances tending to call into question the capacity of the

testator •  circumstances tending to show that the free will of the testator

overborne by acts of coercion or fraud •  the existence of delusions (non-vitiating) may be considered under

the rubric of suspicious circumstances and in the assessment of testamentary capacity


Red Flags – Indicators

•  Intellectual impairment, memory problems, disorientation, poor attention •  Unaware of risks to self and others •  Irrational behavior, reality distortion: delusions •  Unresponsive and inability to make a decision •  Cannot easily identify assets or family members •  An individual who comes with client to every meeting? •  Familial circumstances: supported? •  Conflict within family? •  Support network? •  Isolated? •  Reliance on one individual for personal and financial support?


Red Flags, Guidelines and Best Practices: •  Intellectual impairment, memory problems,

disorientation, poor attention •  Unaware of risks to self and others •  Irrational behavior, reality distortion: delusions •  Unresponsive and inability to make a decision •  Cannot easily identify assets or family members

Guidelines & Best Practices


•  An individual who comes with client to every meeting? •  Familial circumstances: supported? •  Conflict within family? •  Support network? •  Isolated? •  Reliance on one individual for personal and financial support? •  Made recent gifts? Significant? •  Medical events or health changes, medical opinions? •  Communication issues – language barriers? •  Client’s opinions tend to vary? •  Physical impairment? •  Physically dependent? •  Vulnerable? •  Ask lots of probing questions •  Take the required time to make enquiries •  Take good notes •  Trust your instincts

Guidelines & Best Practices


CLINICAL PERSPECTIVE


Capacity Assessment •  Understanding and appreciation

•  State not trait dependent

•  Conflict and complexity

•  Clear, consistent rationale


Cognitive Test Ability to:

•  understand factual knowledge

•  understand options available

•  appreciate potential outcomes

•  appreciate rationale for choices




Red Flags •  Great age – prevalence of dementia

•  Dramatic change from prior expressed views

•  Death bed transaction

•  Inconsistent or ‘unnatural’ provisions

•  Concerns from family

•  Presence of mental or cognitive disorder

•  Beware social graces


Brain Functions and Capacity Understanding and Appreciation •  Orientation •  Memory •  Perceptions/reality testing •  Delusions •  Executive/frontal functions


Mini Mental State Exam (MMSE) •  World wide prevalent use •  Lingua franca •  Most common screening test •  Cultural/translation issues

Folstein et al (1975)


*MMSE (out of 30) •  Orientation to time and place •  Immediate and delayed recall •  Attention/ concentration •  Language •  Visual spatial ability *Does not test executive functions


The Montreal Cognitive Assessment (MOCA): Six Domains •  Short term memory (5 words) •  Visuospatial (CDT) •  Executive Function

•  Trails B •  Verbal fluency •  Abstraction

•  Attention •  Language – naming/fluency •  Orientation

Nasreddine et al (2005)


Clock-drawing Test •  Pre-drawn circle (~ 10 cm diameter)

•  Instructions:

“This is a clock face. Please fill in the numbers and then set the time to 10 past 11.”


Improvement Following Toxic Delirium

Day One Two Weeks Later Five Weeks Later


Mild Cognitive Impairment (MCI)

Shulman (2000)


Sensitivity to Deterioration in Dementia


Executive Brain Functions •  Impulse control

•  Abstract thinking

•  Planning

•  Judgment

•  Appreciation of consequences


Frontal Lobe Tasks •  Initiation tasks - verbal fluency: ‘F’, animals •  Abstraction - similarities •  Response-inhibition and set shifting - Go-no-Go - alternating hand movements (Luria) - trail making


The ‘Lucid Interval’?


Cognitive Fluctuations (CF) in Dementia

•  “ Spontaneous alterations in cognition, attention and arousal”

•  Qualitative difference from delirium •  Limited data •  Impacts ADL and caregiver burden

Lee et al (2012)


Rockwood et al (2014)

“ Good Days & Bad Days”

•  12% reports in a Memory Clinic •  Caregiver reports 2° disturbing behaviour •  No objective measures


CF in Dementia

•  Attention most affected •  Not executive functions •  Very short (seconds/ minutes) •  Fluctuations are minor in magnitude (2-4%)


Conclusion

•  Cognitive fluctuations are small and very short in duration

•  “Good Day” ≠ TC •  Lucid interval invalid in dementia


Summary •  Diagnosis ≠ Capacity

•  Test Score ≠ Capacity

•  Decision specific

•  Situation specific

•  Assess criteria

•  Probe rationale


FINANCIAL ADVISORS


Demographics – From Investor Economics: The Fee Based Report Winter 2016

•  Since 1975, the percentage of Canadians older than 65 has doubled from 8% to nearly 16%

•  Wealth is also more concentrated in the oldest segment

•  41% of high-end households are headed by an individual over 65 with an average wealth of $1.7 million


Demographics

Source: Investor Economics 2015 Household Balance Sheet Report


Red Flags of Diminished Capacity For Financial Advisors

•  Unable to process simple concepts (eg understand statements) •  Memory loss (eg can’t remember last week’s instructions/transactions) •  Difficulty communicating •  Unable to appreciate consequences of decisions/instructions •  Decisions inconsistent with previously stated long-term goals •  Refusal to follow appropriate advice •  Concerned/confused regarding funds missing from account •  Uncharacteristically unkempt or forgetful


Financial Abuse of Seniors •  Some common examples of financial abuse of seniors include:

–  misuse or theft of a senior’s assets, property or money (often from joint bank accounts or through improper use of PoAs

–  taking a senior’s money or cashing their cheques without their permission –  forging a senior’s signature or altering documents to get permission to access or

dispose of assets –  monetary gifts that are involuntary—e.g., gifts made under coercion, undue influence or

threats –  unduly pressuring, forcing or tricking a senior to make or change a will, or to sign legal

documents that gives away the senior’s property or obligates the senior for something for which the senior does not benefit, as well as:

•  pressuring a senior to obtain a mortgage they don’t need, where the proceeds are used by a relative or

•  having the senior sign a guarantee or pledge their property as security for someone else’s loan

From Financial Consumer Agency of Canada http://www.fcac-acfc.gc.ca/Eng/forConsumers/lifeEvents/livingRetirement/Pages/financia-lexploit.aspx


Financial Abuse of Seniors •  Some common examples of financial abuse of seniors

include: –  pressuring a senior to give money or write cheques for that person or to

someone else that person directs –  sharing a senior’s home without paying a fair share of the expenses when

requested –  failing to repay loans provided by a senior –  predatory marriage, where a person deliberately pressures an older

person of limited capacity into marriage solely for financial profit.

* From Financial Consumer Agency of Canada http://www.fcac-acfc.gc.ca/Eng/forConsumers/lifeEvents/livingRetirement/Pages/financia-lexploit.aspx


Abuse versus Fraud •  Financial Abuse:

!  “The financial abuse of a senior involves the misuse of an older adult’s money or belongings by a person the senior trusts.”

•  Fraud: !  “Fraud is a general term for any wrongful or criminal deception intended to

result in financial or personal gain. Fraud generally occurs by misrepresenting or concealing facts. Frauds can be committed by anyone, including professionals/people in business, service providers, and strangers. Fraud can also be carried out by a spouse, friends and immediate and extended family.”

* From Financial Consumer Agency of Canada http://www.fcac-acfc.gc.ca/Eng/forConsumers/lifeEvents/livingRetirement/Pages/financia-lexploit.aspx


Red Flags of Financial Abuse •  Red Flags of potential Financial Abuse:

–  Attorney not acting in client’s best interest –  New attorney seems inappropriate (eg new “friend”) –  Large wire transfer request for suspicious purpose –  Increasingly frequent cash withdrawals/requests –  Unusual types of merchants not used in the past (eg online)


Red Flags of Financial Abuse •  Red Flags of potential Financial Abuse:

–  ATM withdrawals by someone with known mobility issues –  Payments of third party bills with client funds (that don’t benefit

the client) –  Changes to beneficiary designations without rationale –  Request for mortgage/reverse mortgage on home when purpose

of funds not clear –  Inability to meet with client directly and/or alone


Resource: Red Flags From BC Law Institute


Resource: Red Flags From New Brunswick Financial and Consumer Services Commission


Examples of Financial Abuse •  Mom moves in with son who holds POA. POA gives instructions to move assets out of

mom’s name (eg Joint Account or Trust benefiting someone other than mom) –  “Mom doesn’t need it anymore – I am looking after her” or –  “We can’t get government assisted care if Mom holds on to all of these assets” –  If mom has capacity:

•  Obligation to speak to mom directly, confirm the transaction and explain the risk of the transaction. What happens if daughter isn’t able to care for mom any longer, or chooses not to? What about other children?

•  Recommend escalating to compliance and/or legal –  If mom lacked capacity: escalate to compliance and/or legal


Examples of Financial Abuse •  Dad has only daughter on account as trading authority •  Dad removes daughter as trading authority, confiding in

financial advisor that he does not trust her •  Dad calls back a month later providing instructions to add

daughter back on, because he doesn’t have anyone else to help him

–  Financial advisor recommended professional attorney/ trustee who would be independent and act in Dad’s best interest


Helping Clients Avoid the Situation •  Advise Clients to Pre-Plan!

–  Know your client and their family situation –  Look for fact patterns that may suggest future issues

•  Family dynamics (conflict, blended families) •  Non-resident children/ family •  Desire to make account joint with one child to exclusion of others •  Appointment of attorney is different than executor (why?) •  Named attorney lacks skills, knowledge, time to fulfill on duties

–  Consider whether the named attorney/ trustee is suitable in the circumstances


Considerations when POA presented •  Confirm the POA is for property and not personal care! •  Confirm formal validity with relevant provincial requirements (dated,

signed, witnessed) •  Concerns with residency of attorney? (Advisor may have registration rules) •  Multiple attorneys – joint or one to sign? •  Ability to delegate investment management (where applicable)? •  Enduring beyond mental incapacity? •  Conflict with prior/other POA documents on file? •  If any of these concerns arise " ESCALATE!


What if POA does not meet formal requirements? •  Action will depend on whether donor has or lacks mental

capacity •  Difference between formal POA and granting trading authority •  Advisors should seek guidance from compliance and/or legal

departments •  Terms of Account Agreements may provide authority to

financial institution re: taking instructions


Industry Trends – Financial Advisors •  Investment Executive – 2015 Brokerage Report Card

–  More than 75% of advisors surveyed said their firms are prepared to deal with aging demographic/seniors (including recognizing cognitive decline)

–  Some advisors surveyed said that they had significant training in recognizing signs of dementia and elder abuse


Industry Trends – Financial Advisors: United States Example •  Financial Industry Regulatory

Authority (FINRA) launched Helpline for Seniors in April 2015

•  In first year, received >4,000 calls and made 70 referrals to Adult Protective Services in 15 states


Current Regulatory Environment: Financial Advisors •  IIROC 2015 Enforcement Report

“This year also highlighted the susceptibility of seniors and vulnerable clients to unsuitable recommendations. In all but a few, this year’s suitability cases involved elderly and/or vulnerable clients.”


Current Regulatory Environment: Financial Advisors •  MFDA 2015 Enforcement Report

“The protection of Seniors and Vulnerable Persons continued to be an area of focus in 2015. The MFDA continues to encounter situations where Seniors and Vulnerable Persons have received unsuitable investment advice, lent money to Approved Persons (often where the money was never repaid), and provided powers of attorney to Approved Persons who subsequently misused them. 40% of proceedings commenced in 2015 … involved Seniors or Vulnerable Persons. In 2014, the percentage was 33% and in 2013, it was 25%. ”


Current Regulatory Environment: Reporting Ontario’s Long-Term Care Homes Act, 2007 Reporting certain matters to Director

24. (1) A person who has reasonable grounds to suspect that any of the following has occurred or may occur shall immediately report the suspicion and the information upon which it is based to the Director: 1. Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident. 2. Abuse of a resident by anyone or neglect of a resident by the licensee or staff that resulted in harm or a risk of harm to the resident. 3. Unlawful conduct that resulted in harm or a risk of harm to a resident. 4. Misuse or misappropriation of a resident’s money. 5. Misuse or misappropriation of funding provided to a licensee under this Act or the Local Health System Integration Act, 2006. 2007, c. 8, ss. 24 (1), 195 (2).


Guidance from Regulators: Investment Industry Association of Canada


Guidance from Regulators: Investment Industry Association of Canada

March 2014 Report “Protecting Senior Investors” Purpose = capture “key considerations and best practices for dealing with a client base that is increasingly aging, with a focus on protecting senior investors and related supervisory, compliance and other practices when serving senior investors”


Guidance from Regulators: Investment Industry Association of Canada •  Report summarizes practices used by investment dealers and

advisors in serving senior investors in the following areas: –  Communicating effectively with senior investors; –  Training and educating firm employees on senior-specific issues –  Establishing an escalation process; –  Advertising and marketing to senior investors; –  Updating Know-Your-Client (“KYC”) information based on life changes; –  Suitability of investments for seniors; and –  Senior-focused supervision, surveillance and compliance reviews.


Guidance from Regulators in the US: From the FINRA Report:


Guidance from Regulators: Recommendations from Seniors Roundtable (2014)

Recommendations: #1. Promote advanced retirement planning – both financial and for care #2. Educate seniors and pre-seniors #3. Increase accessibility of information #4. Clarify labels, classifications and the regulation of professionals #5. Centralize licensing provincially #7. Perhaps certify specialists #8. Eliminate regulatory arbitrage such as from multiple licensing #9. Address the evaluation of and response to shifts in cognition #10. Address the evaluation of and response to undue influence #12. Perhaps limit the types of investments #13. Add a cooling-off period #14. Register powers of attorney #15. Promote the complaint process #16. Simplify the complaint process #17. Remove unnecessary regulatory distinctions #18. Battle silos; engage with organizations that work with seniors #19. Consider a best interest standard.


Model Legislation North American Securities Administrators Association (NASAA) Members adopted Model Act in 2016 to protect seniors and other vulnerable adults •  “An Act to Protect Vulnerable Adults from Financial Exploitation”:

–  Mandates reporting to the securities regulator and adult protective services agency when adviser has a reasonable belief that financial exploitation has been attempted or has occurred.

–  Authorizes notification to third parties only in instances where the adult has designated a third party.

–  Enables advisers to delay disbursements from an account for up to 15 business days if financial exploitation is suspected.

–  Provides immunity from liability for advisers for taking actions including delaying disbursements as permitted under the act.


TOOLS AND RESOURCES


•  Undue Influence Checklist: http://whaleyestatelitigation.com/resources/WEL_Undue_Influence_Checklist.pdf

•  Capacity Checklist: The Estate Planning Context: http://whaleyestatelitigation.com/resources/WEL_CapacityChecklist_EstatePlanningContext.pdf

•  “Between A Rock And A Hard Place: The Complex Role and Duties Of Counsel Appointed Under Section 3 of the Substitute Decisions Act, 1992″ by Kimberly A. Whaley and Ameena Sultan, Advocates Quarterly, November 2012, Volume 40, Number 3: http://whaleyestatelitigation.com/blog/?s=section+3+counsel+


•  “Capacity and the Estate Lawyer: Comparing the various Standards of Decisional Capacity” (2013) E.T.& P.J. 215-250: http://whaleyestatelitigation.com/blog/?s=ETPJ

•  Predatory Marriages: Legal Capacity to Marry and the Estate Plan: http://whaleyestatelitigation.com/blog/2014/06/paper-predatory-marriages-legal-capacity-to-marry-and-the-estate-plan/

•  John Poyser, text: “Capacity and Undue Influence” and his article in the E.T. & P.J. Vol. 30 (2014)“Are Lawyers Being Fooled on Undue Influence?”


Resources for Clients •  Financial Consumer Agency of

Canada (FCAC) http://www.fcac-acfc.gc.ca/Eng/forConsumers/lifeEvents/livingRetirement/Pages/financia-lexploit.aspx

•  RCMP Seniors Guidebook to Safety and Security http://www.rcmp-grc.gc.ca/pubs/ccaps-spcca/seniors-aines-eng.htm#Attorney

•  New Brunswick Financial Concern Checklist http://0101.nccdn.net/1_5/2b7/31c/189/2014-01-20-FinancialConcernsChecklist_FCNB-Brand_Bil-print.pdf

•  MFDA page for Seniors http://www.mfda.ca/investors/seniors.html


Resources for Advisors •  BC Law Institute Undue Influence

Reference Aid http://www.bcli.org/wordpress/wp-content/uploads/2015/10/undue-influence_guide_tool.pdf

•  New Brunswick’s FCNB: Recognizing Financial Abuse http://0101.nccdn.net/1_5/20e/1a0/1c1/

SeniorAbusePocketGuide_Redesign_2015-Final-EN-nobleeds.pdf •  ServeOurSeniors.org (North American

Securities Administrators Association resource website) http://serveourseniors.org/

•  Investment Executive (multiple articles) http://www.investmentexecutive.com/


CONCLUDING COMMENTS


QUESTIONS?

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