Managing Consent and Capacity Issues in Wills and Estates Practice 2024
Program Chair
Kimberly A. Whaley, CS, TEP, LLM
WEL Partners
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 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.
Registration includes 120-day unlimited, online access to the recorded program.
What You’ll 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
Dealing with incapacity issues
Borderline capacity issues regarding wills and powers of attorney
Joint retainer rule regarding wills and subsequent incapacity of one of the parties
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
End of life decision-making under the Health Care Consent Act
When and how to request formal assessments of capacity
Lawyers practicing or wishing to practice in wills and estates
Faculty
Program Chair
Kimberly A. Whaley, CS, TEP, LLM
WEL Partners
Instructors
Laura Cardiff
Casey & Moss LLP
Alanna Kaye
A.S. Kaye Consultants
Judith A. Wahl
Wahl Elder Law, Past Executive Director, Advocacy Centre for the Elderly
Bianca La Neve
WeirFoulds LLP
Valerie J. Tingey
Valerie J. Tingey Professional Corporation
“Very personable speakers kept issues practical and provided many helpful examples”
Agenda
Chair: Kimberly A. Whaley, WEL Partners
Our faculty of experienced lawyers and medical experts will provide you with a unique combination of insight from both legal and medical perspectives. Over one evening, you will learn practical takeaway points and receive checklists that can be implemented immediately in your practice. You will come away from this program more confident in your ability to handle difficult issues, such as:
• 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?
• Understanding the Health Care Consent Act: Informed Consent and advance care planning
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
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 $75.00 administration fee will apply. No other refund is available.
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:
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.
All online; combination of live and asynchronous learning.
5 Modules
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Once a program reaches capacity, a waitlist will be created. This does not guarantee your registration in the program; however, it places you on a priority contact list. If any spots become available, you may be notified by email or phone to confirm if you would like to proceed with the registration. Once contacted, you will typically be given 24 hours to confirm your interest. If you do not confirm interest within the provided timeframe, you will be removed from the waitlist and the next person will be contacted.
Many of our programs include 120-day unlimited, online access to view the recorded program. See the program page or brochure to find out if the program you’re interested in includes this access. If you need more time to view the content, or have questions about the access, please email: OPDSupport@osgoode.yorku.ca.
If the program includes access to the recording, you will have unlimited online access to the recorded content for 120-days from the end date of the program.
Access is only for the registered delegate. In the event of misuse, access can be revoked.
CPD hours for each program can be found on the program web page and program brochure. For questions regarding CPD hours, please email cpd@osgoode.yorku.ca
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Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
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.
Program on Demand: Watch a pre-recorded session online, from the comfort of your home or office. Get unlimited access with our online subscription. Registration includes downloadable Program Materials and 120-day access to the program archive.
Unless a program is sold out or otherwise noted, registration closes at 12:00PM (noon) ET the business day before the scheduled program date.
Registration for webinars closes at 10:00 AM ET the morning of the session, unless sold out.
Client and Technical Support
Have questions? Get advice in person, by email or over the phone.
