Program Chair
Kimberly A. Whaley
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.
Can’t Make the Date? 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
Who Should Attend
Lawyers or other professionals practicing or wishing to practice in wills and estates
Faculty
Program Chair
Kimberly A. Whaley
WEL Partners
Past Instructors
Laura Cardiff
Casey & Moss LLP
Alanna Kaye
A.S. Kaye Consultants
Bianca La Neve
WeirFoulds LLP
Brittany Miller
Goddard Gamage LLP
Lonny Rosen, C.S.
Rosen Sunshine LLP
Valerie J. Tingey
Valerie J. Tingey Professional Corporation
“Very personable speakers kept issues practical and provided many helpful examples”
Register
Apr 22, 2025
$395 + TAX
Time
1:30 p.m – 4:30 p.m (ET)
Printable registration form
If a downloadable form is required, please contact osgoodepd@osgoode.yorku.ca.
“Is financial assistance or funding available?”
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:
CPD and Accreditation
Please Note
Final CPD accreditation has yet to be confirmed. The hours below are for the 2024 iteration of the program and should be used as an estimate only. Confirmed hours will be available soon.
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.
| Substantive | 1h 55m |
|---|---|
| Professionalism | 1h |
| Total | 2h 55m |
Are you reporting hours from a previous date?
View our CPD & Accreditation page to see previously calculated hours for this course.
Deeper Learning Opportunities
LLMs
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Part-time LLMs Full-time LLMsThe Osgoode Certificate
Stay competitive with deep dives into the most critical issues in law. Taught by leading experts and designed for flexible learning, choose from multi-day programs or take courses at your own pace to build towards a certificate.
Explore certificatesSingle Course Enrollment
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
Explore LLM coursesFrequently Asked Questions
Client and Technical Support
Have questions? Get advice in person, by email or over the phone.
Program content questions
Gail Geronimo, Program Lawyer
ggeronimo@osgoode.yorku.ca
Registration questions
Technical support
Online Technical Requirements
To ensure you do not encounter any issues that will impact or limit your learning experience, please review the following information.