Program Chair(s)

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


Program Chair

Nimali D. Gamage

Goddard Gamage LLP


 View the program brochure and agenda to see what you’ll learn from leading experts.


Available course sections

Recorded: Mar 10, 2020

$345 + HST

Printable registration form

If a downloadable form is required, please contact

“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:

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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 be able to claim. Listed hours are based on the original live program. Online program viewing varies by jurisdiction, please email or refer to your regulatory body to ensure compliance.

CPD Hours
Contact us for inquiries about other provinces.
Substantive 1h 55m
Professionalism 1h
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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Frequently Asked Questions

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Online Technical Requirements

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