A scheduled replay of a past program, with the ability to submit questions.
Consent, Capacity and Substitute Decision-Making
Program Chair
Jane E. Meadus
Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly (ACE)
Consent, capacity and substitute decision-making remain fundamental issues for anyone working in health care.
As a health-care professional or advisor, you face complex questions on these challenging concepts. Issues of informed consent, powers of attorney, capacity assessments, when to call the OPGT and preparing for a hearing before the CCB are matters you face on a routine basis, but the questions surrounding them seem far from “routine.”
Designed with direct feedback from those working on the front lines in health care, this program will provide you with the critical knowledge and practical strategies you need to confidently manage the risks and meet your obligations.
Can’t Make the Date? Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
You will hear about:
The law that guides your actions: how it all fits together
Advance care planning and informed consent under HCCA
Where does the authority for a capacity assessment come from?
The role of the CCB: what applications can be made and by whom?
Reaching out to the OPGT to determine if there is property guardian or court-appointed personal care guardian
Managing conflict between family members/substitute decision-makers
The role and scope of authority of substitute decision-makers
Best practices for dealing with privacy issues related to the release of personal health information
The role of patient wishes, advance care plans and other documents in consent
Who Should Attend
Managers, Administrators and Operators of Long-Term Care operations
Retirement Home Managers, Administrators and Operators
Hospital Administrators
Community Health Care
Family Health Teams
Directors of Resident Care
Health Professionals
Risk Managers
Social Workers
Patient Care Advocates
In-House Lawyers and Counsel in Long-Term Care, Retirement, Hospitals
Lawyers Practicing Health and/or Elder Law
Faculty
Program Chair
Jane E. Meadus
Barrister and Solicitor, Institutional Advocate, Advocacy Centre for the Elderly (ACE)
Instructors
Kelley Bryan
Perez Bryan Procope LLP
Dr. Carole Cohen, MDCM
Clinical Director, Community Psychiatric Services for the Elderly, Sunnybrook Health Sciences Centre
D’Arcy J. Hiltz
Barrister & Solicitor
Gillian Kafka
Senior Legal Counsel, Kate Dewhirst Health Law
Crystal Liu
Counsel, Ministry of the Attorney General, Office of the Public Guardian and Trustee
“Practical and relevant information was provided to inform my clinical practice as a hospital social worker in dealing with consent and capacity issues.”
Agenda
Program Log-in (8:30 a.m. ET)
Jane E. Meadus, Staff Lawyer, Institutional Advocate, Advocacy Centre for the Elderly
To open the day, a complex scenario will be presented, designed to elicit thoughtful discussion about some of the key issues that will be discussed throughout the day. Goals include:
Understanding rules of informed consent
Being able to determine when capacity should be evaluated, by whom, and rights of patient
Identifying the correct substitute decision‑maker, their role and scope of authority
Managing conflict between family members/substitute decision‑makers
Issues related to the release of personal health information
What is the role of patient wishes?
Jane E. Meadus, Staff Lawyer, Institutional Advocate, Advocacy Centre for the Elderly
This session will review the legislation in Ontario related to consent, capacity and substitute decision‑making and explain how they intersect, including:
Substitute Decisions Act
Health Care Consent Act
Mental Health Act
Personal Health Information Protection Act
Long‑Term Care Homes Act
Powers of Attorney Act
Child and Family Services Act
Ontario Disability Support Program Act
Old Age Security Act
Canada Pension Plan
D’Arcy J. Hiltz, Barrister & Solicitor
Using case studies of common scenarios when substitute decision‑making issues arise in a health‑care setting, you will learn:
What is the authority of the Substitute Decisions Act?
When can you give a continuing power of attorney for property or personal care? When do they become effective?
What is the test for capacity for property management under s. 6 of the Substitute Decisions Act?
Recognizing the different types of substitute decision‑makers for property management
What is the role for wishes under a power of attorney for personal care?
Who determines capacity for personal care issues?
What happens if there is no power of attorney for personal care?
When do you need a capacity assessment and what are the rules under the Substitute Decisions Act?
Wellness Break (10:30 a.m. ET)
What is informed consent?
What is capacity under the Health Care Consent Act?
Role of the health practitioner
Issues in informed consent and advance care planning under the Health Care Consent Act
Who evaluates capacity and when?
Identification of the substitute decision‑makers
Dealing with difficult substitute decision-makers/situations
Role of wishes, advance care plans and other documents in consent
Refusal of treatment vs. incapacity
End of life decisions
Framework for consent, capacity and substitute decision‑making: where do the Health Care Consent Act and Substitute Decisions Act fit in?
Access to, correction of and release of health records
Who can request?
What to ask for?
Records of the deceased
Transitions in care: sharing of information
Local health integrated network staff
Landlords
Options to control the flow of information
Lunch (12:15 p.m. ET)
Dr. Carole Cohen, MDCM, Clinical Director, Community Psychiatric Services for the Elderly, Sunnybrook Health Sciences Centre
Capacity assessment versus an evaluation of capacity: Which one applies? When?
Where does the authority for a capacity assessment come from?
When do you need to call a capacity assessor?
Capacity assessors: who they are; what they do; when you should call them
Conducting an evaluation of capacity for treatment decisions: the specifics
Capacity assessments and evaluations in the time of COVID
How have capacity assessors adapted to COVID reality?
What restrictions are being imposed by COVID in LTC settings?
Watching a mock CCB hearing will provide you with insights into what an actual hearing looks like. During this session our panelists will open the floor to questions while discussing the hearing, roles of the various parties and conducting hearings effectively. This is the perfect opportunity for you to ask those pressing questions.
Crystal Liu, Counsel, Ministry of the Attorney General, Office of the Public Guardian and Trustee
This session will focus on the OPGT’s responsibility to make decisions on behalf of incapable people where medical treatment is proposed and there are no other people, such as a relative, who are available, capable and willing to do so. Specific topics include:
What is the role of the PGT in treatment decision‑making?
When and how to contact the PGT
How to get the PGT involved where there are SDMs who don’t agree
What is the “turn around” time?
Why won’t the PGT sign Advance Care Directives?
Will the PGT make decision around DNRs?
Will the PGT make decisions around end of life?
How to get the PGT involved in property issues
Jane E. Meadus, Staff Lawyer, Institutional Advocate,, Advocacy Centre for the Elderly Mercedes Perez, Perez Bryan Procope LLP
Closing out the day will be a dedicated Q&A session giving you the opportunity to ask those burning questions that have arisen from the presentations throughout the day. The interactive format will reinforce your understanding of the issues and provide you with insights from both the presenters and your peers. You’ll leave with tools and strategies for addressing the complex issues of consent and capacity in your organization.
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
Jan 15, 2025 8:45 a.m – 4:45 p.m (ET)
Substitution of registrants is permitted at any time prior to the start date of the program. 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 start of the program. If a cancellation request is made with less than 14 days notice, an administrative fee equal to 20% of the program cost, to a maximum of $250 will apply per person. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
CHRL Executive Director, Etobicoke Medical Centre Family Health Team
“Great information. Great flow. Great speakers. Really great program. So helpful to my work.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
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In Person: Attendance for the program will take place at Osgoode Professional Development (1 Dundas Street West, Suite 2602, Toronto, ON M5G 1Z3) unless otherwise specified. Program Materials will be printed and available for pick up upon arrival.
Live Webcast: Designed for busy schedules, attend an online, live webcast using state-of-the-art video-conferencing. Attendance is via live stream with an opportunity to submit questions to the speakers throughout the program. Registration includes downloadable Program Materials and 120-day access to the program archive.
Online Replay: Watch a pre-recorded webcast, which includes a live Q&A with an instructor. Registration includes 120-day access to the program archive.
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Unless a program is sold out or otherwise noted, registration closes at 12:00PM (noon) ET the business day before the scheduled program date.
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Client and Technical Support
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