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Consent and capacity issues have long intersected with wills and estates practice, and lawyers are increasingly called upon to make difficult judgment calls involving these matters. 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 program 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. Our faculty of experienced lawyers and medical experts will provide you with a unique combination of insight from both legal and medical perspectives. You will learn practical takeaway points and checklists that can be implemented immediately in your practice.

You will learn:

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



  • Nimali D. Gamage, Goddard Gamage LLP


Fees include attendance, program materials, dinner and break refreshments.

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 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.


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:
Gail Geronimo at ggeronimo@osgoode.yorku.ca

Program Details

Date & Time

March 10, 2020
6:00 p.m. - 9:00 p.m. EDT


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

Fee per Delegate

$345 + HST

Register Now

Printable Registration Form

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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Hotels & Parking

If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.

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