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 the 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
Understanding the Health Care Consent Act: Informed Consent and advance care planning
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
What is informed consent?
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
When and how to request formal assessments of capacity
Joint retainer rule regarding wills and subsequent incapacity of one of the parties
Who Should Attend
Both experienced wills and estates practitioners who want to refresh their knowledge and those newer to estates practice
Nimali D. Gamage
Goddard Gamage LLP
View the program brochure and agenda to see what you’ll learn from leading experts.
“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
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 be able to claim. Listed hours are based on the original live program. Online program viewing varies by jurisdiction, please email firstname.lastname@example.org or refer to your regulatory body to ensure compliance.
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Deeper Learning Opportunities
The Osgoode Certificate
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Single Course Enrollment
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Frequently Asked Questions
Client and Technical Support
Have questions? Get advice in person, by email or over the phone.
Online Technical Requirements
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