Elder Law Montreal

It is wise to prepare a mandate in case of incapacity before an accident or a gradual decrease in faculties takes effect. We combine our experience in litigating elder law cases with our close working relationships with top notaries in Montreal to help prepare viable mandates that will best protect the rights of our clients and their loved ones.

It is an unfortunate fact in our society many seniors are perceived as perfect targets for exploitation. Whether the abuse is financial or otherwise, it is important to move effectively to limit the damage, undo the harmful situation, and where possible, reverse the losses. The abusers can be family members such as children, siblings, grand-children, nephews or nieces. The abusers can also be persons who have gained the trust and a certain level of dependency from their targeted victim. We use the Civil Code of Quebec and the Charter of Human Rights and Freedoms as our tools in our fight to correct these injustices.

The elderly are rightfully considered to be a protected class of persons under Quebec law. Concerned individuals can consult us when they suspect a situation of abuse or potential abuse. Depending on the circumstances, our firm can intervene to stop abuses, to claim damages, to prevent further abuse, or to help safeguard against potential abuse.

Most professional care workers in nursing homes or in private homes are wonderful, caring individuals who perform an almost angelic function in the care of our beloved elderly. Some, however, are otherwise. Physical abuse by professional care workers against a defenseless senior in their charge is one of the more horrifying situations that we are called in to correct. We can assist at each level of interventions, from the placement of hidden cameras and the gathering of evidence, through the claim for damages, injunctions, negotiations and, if necessary, trial.

At Kalman Samuels, Attorneys, we consider it an important mission of our firm to help protect those rights guaranteed to each person under the Charter of Human Rights and Freedoms. This applies especially to vulnerable individuals such as children, handicapped or elder members of our society.  If you have concerns that you or a loved one might be unfairly treated with respect to judgements of incapacity, tutorship, guardianship, or power of attorney, we can help you re-establish your rights. We work hard and leverage all of our knowledge and experience to ensure that you obtain the best possible chance for a safe and happy life.

For those who are still apt but have trouble attending to various matters, we can assist in setting up protective regimes such as tutorships and general mandates for the administration of affairs.  We use our experience in elder law cases in Montreal and close relationship with top Montreal notaries to anticipate problems and prepare the most appropriate protective regime.