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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
  • Dealing with capacity and incapacity issues
    –   Borderline capacity issues regarding wills and powers of attorney
    –   Joint retainer rule regarding wills and subsequent incapacity of one of the parties



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

Group Discounts for CPD Programs

For boardroom and multi-purchase rates, please email us.
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.


After your purchase is complete, the course will appear in the Order History of your OsgoodePD account with a link to "Take Online Course". Once you click "Take Online Course" you will be forwarded to the Moodle page with the materials link. The program video link with be unlocked on the day of the program. You will have access to the video for 90 days.

Program Changes

We will make every effort to present the 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, Substitutions and Refunds

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.


Have a question? Read our FAQs.

Technical Support

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

Date Recorded

March 27, 2018

Program Details

Date & Time

April 30, 2018
9:00 a.m. - 12:00 p.m. EDT


Web - Replay

Fee per Delegate

$295 plus HST

Register Now

Eligible CPD Credit Hours


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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