Program Chair
Kimberly A. Whaley
WEL Partners
Navigate the legal and practical challenges of consent and capacity in Wills & Estates practice.
Develop the knowledge and practical judgment needed to advise clients when consent or capacity is in question. Explore your professional obligations and learn how to navigate challenging situations from both legal and medical perspectives.
Consent and capacity concerns can arise at many stages of Wills & Estates practice, from taking instructions and preparing a will to making decisions about representation and responding to concerns raised by family members or other parties.
This program will help you navigate these challenging situations with greater confidence. Experienced lawyers and medical experts will examine key legal principles, professional obligations and practical considerations, giving you insight into both the legal and medical perspectives that inform these issues.
You will gain practical guidance to help you assess difficult situations, identify potential concerns and determine appropriate next steps while protecting both your clients and yourself.
Can’t Make the Date? Registration includes 120-day unlimited, online access to most of the programs in the series.
What You’ll Learn
You will learn practical takeaway points and checklists that can be implemented immediately in your practice:
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 proceeding
- 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
- 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
- When and how to request formal assessments of capacity
This program is part of The Osgoode Intensive Program in Wills & Estates. For a full listing of required programs, click here.
Who Should Attend
Lawyers and other legal professionals practicing or wishing to practice in wills and estates
Paralegals practicing in wills and estates
Professionals in wealth management and estate management
Faculty
Program Chair
Kimberly A. Whaley
WEL Partners
Past Instructors Include
Adam Giancola
Casey & Moss LLP
Brittany Miller
Goddard Gamage LLP
Dr. Richard Shulman
Capacity Clinic
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”
Agenda
Please Note
The information below is from the 2026 iteration of the program. A detailed agenda for the upcoming program will be available soon.
Introduction and Welcome Remarks by Chair (2:00 p.m ET)
Understanding the Health Care Consent Act: Informed Consent and Advance Care Planning (2:05 p.m ET)
Dealing with Capacity and Incapacity Issues (3:05 p.m. ET)
Evaluating Capacity: Roles and Responsibilities of the Lawyer (4:10 p.m. ET)
Program Concludes (5:30 p.m. ET)
Register
Apr 5, 2027
$420 + 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:
Jenny Kirshen
Gene Colman Family Law Centre
“Great faculty….very knowledgeable”
CPD and Accreditation
Please Note
The hours below are for the 2026 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.