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Consent and capacity issues have long intersected with wills and estates practice, but are now increasingly prevalent. As a lawyer, you need a clear understanding of your duties and obligations – both to protect yourself, and your clients.

This program is part of The Osgoode Intensive Program in Wills & Estates. For a full listing of required programs, click here.

This intensive evening workshop is designed to provide you with the critical knowledge and key practice points you need when advising clients in circumstances where there may be consent or capacity issues. More than an educational seminar, you will learn practical takeaway points and be provided with useful precedents and checklists that can be implemented immediately in your practice. You will come away from this program more confident in your ability to handle these difficult issues.

You will learn:

  • Evaluating capacity: Roles and responsibilities of the lawyer
    –  What are the red flags?
    –   Understanding your obligations to ask probing questions
    –   Assessing whether your client has capacity to give instructions
    –   When should you refuse to take the retainer?
    –   What do you do when capacity changes during the course of the retainer?
    –   How do clinicians assess cognition? Why this matters for lawyers
    –   Role of section 3 counsel in Substitute Decisions Act proceedings
  • Understanding the Health Care Consent Act: Informed Consent and advance care planning
    –   What is informed consent?
    –   What is capacity under the Health Care Consent Act?
    –   Who evaluates capacity under the Health Care Consent Act and when?
    –   Identification of the substitute decision-maker under the Health Care Consent Act
    –   Dealing with difficult substitute decision-makers/situations under the Health Care Consent Act
    –   Role of wishes, advance care plans and other documents in consent
    –   Refusal of treatment vs. incapacity
    –   End of life decision-making under the Health Care Consent Act
  • Preventing will/POA challenges on the grounds of incapacity
    –   Videotaping the client interviewing
    –   Borderline capacity issues regarding wills and powers of attorney
    –   Joint retainer rule regarding wills and subsequent incapacity of one of the parties

Faculty

Chair

  • Nimali D. Gamage, Goddard Gamage LLP
  • Arthur Fish, Borden Ladner Gervais LLP
  • Mark Handelman, Firm Counsel, WEL Partners

Fees

Fees include attendance, program materials, continental breakfast, lunch and break refreshments.

Group Discounts

OsgoodePD offers group rates for both on site and webcast formats. Please note these are only available when registering for members of the same organization, at the same time, and payment is made with one invoice.

Program Changes

We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Cancellations and Substitutions

Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the program date. If a cancellation request is made with less than 14 days notice, a $75 administration fee will apply. No other refund is available.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

FAQs

Have questions? Read our FAQs.

Program Details

Questions on program registration?
Please contact the Registration Team at osgoodepd@osgoode.yorku.ca

Questions on the program content?
Please contact the Program Lawyer:
Paul Truster at
ptruster@osgoode.yorku.ca

Program Details

Date & Time

March 27, 2018
6:30 p.m. - 9:30 p.m.
*Registration and dinner begin at 6:00 p.m

Online Replay
April 30, 2018
9:00 a.m. - 12:00 p.m. EDT
Register for the Online Replay.

Location

Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON

Fee per Delegate

$295 plus HST

Register Now

Printable Registration Form

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Both experienced wills and estates practitioners who want to refresh their knowledge and those newer to estates practice

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Take a giant leap forward with the Osgoode Intensive Program in Wills & Estates. Opt for in- depth comprehensive coverage of the essential topics, or fill gaps in specific areas with separately bookable modules.

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