Managing Consent & Capacity Issues in Wills & Estates Practice 2023
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”
Faculty
Program Chair
Nimali D. Gamage
Goddard Gamage LLP
Instructors
Laura Cardiff
Casey & Moss LLP
Brittany Miller
Goddard Gamage LLP
Bianca La Neve
WeirFoulds LLP
Lonny J. Rosen, C.S.
Rosen Sunshine LLP
Dr. Richard Shulman
Capacity Clinic
Judith A. Wahl
Wahl Elder Law, Past Executive Director, Advocacy Centre for the Elderly
Program Agenda
Chair
Nimali D. Gamage
Goddard Gamage LLP
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
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:
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