Seniors' Law Services

Seniors’ FAQ’s

Seniors' Law Services

Seniors’ FAQ’s

Common Questions, Clear Answers

Common Questions, Clear Answers

These are some of the most common questions we hear from families navigating care decisions, legal documents, and planning for the future. While every situation is different, understanding the basics can help you avoid costly mistakes and make more confident choices. If something here feels familiar, it may be worth having a conversation sooner rather than later.

Give us a call at 905-973-9394 to discuss your needs with us and see how we can help.

Common Questions, Clear Answers

Can retirement homes raise fees anytime?2026-05-01T09:19:32-04:00

Partially. Rent in a retirement home is subject to Ontario’s annual guideline under the Residential Tenancies Act, but care services and meal plans are not capped in the same way. An operator can increase those additional fees by providing proper notice, often using a Form N3. This is why it’s important to understand exactly what is included in your care agreement before signing.

Click here to see our section on Care Choices in Ontario for how costs differ between retirement homes and long-term care.

Do I have to accept the first LTC placement?2026-05-01T09:16:54-04:00

No, in most cases, a person does not have to accept the first long-term care placement offered. Admission requires informed consent from the individual or their substitute decision-maker, and unsuitable placements can be refused. However, in certain hospital discharge situations, Ontario Health atHome may have expanded powers that can limit options. It’s important to get advice quickly if you’re being pressured to accept a placement.

Contact us to learn more.

Do I need legal advice before signing agreements?2026-05-01T10:04:25-04:00

In most cases, yes — and it is strongly recommended. Whether it’s a care home agreement, a loan to a family member, or a caregiving arrangement, independent legal advice helps ensure everyone understands the terms and reduces the risk of future disputes. It also protects against claims that someone was pressured or did not fully understand what they were signing. A short consultation now can prevent significant legal issues later. Call us at 905-973-9394 to arrange a cosultation today.

Does my spouse automatically make decisions if I lose capacity?2026-05-01T09:12:17-04:00

Not for finances; POA is required. Learn more here.

Is the Residents’ Bill of Rights enforceable?2026-05-01T09:58:06-04:00

Yes. The Residents’ Bill of Rights is set out in Ontario law under the Fixing Long-Term Care Act, 2021, and long-term care homes are legally required to uphold it. These rights include dignity, privacy, freedom from abuse, and the ability to participate in care decisions and raise concerns without fear of retaliation. If these rights are violated, complaints can be made to the appropriate authorities and, in some cases, pursued further.

Questions about your rights or the rights of your parents? We can help. Give us a call at 905-973-9394 to discuss your matter with us.

Should I add my children to house title?2026-05-01T09:55:15-04:00

Usually, no. While it is often suggested as a way to avoid probate, adding a child to title can create unintended consequences, including exposure to their creditors, potential tax implications, and disputes between siblings. In some cases, courts may even reverse the transfer if the intention was not clearly documented. There are safer and more effective estate planning strategies available.

Contact us to discuss the best options for your situation.

What does a Will and Power of Attorney package cost?2026-05-01T09:59:54-04:00

Costs vary depending on the complexity of your situation. For straightforward planning, fees may range from several hundred to a few thousand dollars. More complex circumstances — such as blended families, trusts for children or disabled beneficiaries, or significant assets — may increase the cost. To discuss your specific needs give us a call at 905-973-9394.

What happens if someone dies without a Will?2026-05-01T10:03:22-04:00

Ontario’s intestacy laws determine how the estate is distributed. Generally, a spouse may receive a preferential share, with the remainder divided among children according to a set formula. Common-law partners do not automatically inherit under these rules, which can lead to unexpected outcomes. The result is often very different from what the person would have intended.

Marshall Law Group can help. Give us a call at 905-973-9394 to discuss your Will with us.

What if a Power of Attorney is being misused?2026-05-01T10:01:34-04:00

There are legal remedies available. A person acting under a Power of Attorney has a fiduciary duty to act in the best interests of the individual, keep proper records, and avoid personal gain. If you suspect misuse, the court can require the attorney to account for their actions, remove them, or order repayment of funds. If the person still has capacity, they may also revoke the existing document and appoint someone else. This is a sensitive situation and should be addressed promptly. Call us at 905-973-9394 for help.

What’s the difference between retirement homes and long-term care?2026-05-01T10:05:13-04:00

Retirement homes are private and independent; long-term care is publicly funded with 24-hour care. Learn more here.

THE MARSHALL LAW GROUP

Marshall Law is here to help you with Your Rights in Care.

THE MARSHALL LAW GROUP

Marshall Law is here to help you with Your Rights in Care.

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