Program Chair

Nimali D. Gamage

Goddard Gamage LLP

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
  • When and how to request formal assessments of capacity

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

Who Should Attend

Lawyers practicing or wishing to practice in wills and estates

Valerie J. Tingey

Valerie J. Tingey Professional Corporation

“Very personable speakers kept issues practical and provided many helpful examples”


Program Chair

Nimali D. Gamage

Goddard Gamage LLP



Recorded: Apr 12, 2022

$395 + TAX

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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.

CPD Hours
Contact us for inquiries about other provinces.
Substantive1h 55m
Total2h 55m

Are you reporting hours from a previous date?

View our CPD & Accreditation page to see previously calculated hours for this course.

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