Elder Law Day 2025 Recap!
PART 1:
Loneliness, Vulnerability, and the Law
Moderator: Kimberly Gale, Gale Law
Panelist: Kelley Bryan, Office of the Public Guardian and Trustee
Panelist: Jordan Korn, Goddard Gamage LLP
Panelist: Kim Whaley, WEL Partners
Panelist: Graham Webb, The Advocacy Centre for the Elderly (ACE)
The 2025 Elder Law Day opened with a dynamic and timely discussion on the growing intersection of elder law with social isolation and vulnerability. Moderated by Kim Gale, the panel featured insights from four seasoned experts: Kelley Bryan (Office of the Public Guardian and Trustee), Jordan Korn (Goddard Gamage LLP), Graham Webb (Advocacy Centre for the Elderly), and Kim Whaley (WEL Partners).
This session addressed key legal and ethical concerns in working with older adults, particularly those who may be socially isolated, experiencing diminished capacity, or subject to undue influence.
Predatory Marriages
Kim Whaley led a focused discussion on predatory marriages, emphasizing the current legal framework and practical challenges in addressing situations where capacity to marry is in question. The panel explored how courts approach these cases and the importance of balancing autonomy with protection against exploitation.
Drafting for Vulnerable Clients
Jordan Korn provided practical guidance on drafting Wills and Powers of Attorney for vulnerable clients. He highlighted red flags lawyers should watch for, such as inconsistent instructions or signs of coercion, and discussed how to document capacity assessments and mitigate the risk of future challenges to the validity of documents.
Role of the OPGT and Capacity Investigations
Kelley Bryan discussed the Public Guardian and Trustee’s role in investigating situations involving incapable adults at risk of serious harm. She outlined how the OPGT becomes involved, what legal thresholds must be met, and the steps taken before and during an investigation — including the court application process where necessary. She emphasized that guardianship is a last resort and that the OPGT works to balance client dignity with necessary protections.
Equity and Access to Justice
Graham Webb brought forward equity and access to justice concerns, focusing on the impact of ageism in legal practice. He encouraged attendees to reflect on how lawyers can better accommodate sensory impairments and physical disabilities in older clients. Communication techniques and a trauma-informed lens were also discussed as critical tools for effective client service.
Throughout the panel, speakers echoed the need for sensitivity, awareness, and vigilance when serving elderly clients — especially those who may be isolated or lack a strong support network.
Thank you to the Ontario Bar Association for hosting this year’s Elder Law Day and to all the panelists for their thoughtful contributions to this important conversation.
Please note that this is part of a larger article that will be highlighting Elder Law Day 2025 in its entirety. Stay tuned for the second part!