ExpiredWEBINAR: Decisional Capacity: What is it and why is it important to understand
- November 23, 2020
3:00 pm - 4:00 pm
Venue: Webinar
Speakers:
Christine Vanderschoot, Principal at Vanderschoot Family Law PC
Dr. Venera C. Bruto, Ph.D., C. Psych.- Neuropsychologist & Designated Capacity Assessor
Program Description:
Whether you are a Judge, a mediator/arbitrator, lawyer working in family law or you are a social worker, psychologist or other mental health professional providing clinical service to adults involved in family matters, a client’s decisional capacity will impact your work.
Our panel will:
- Provide a brief overview of the types of decisional capacity – e.g.:
- capacity to make decisions about property
- capacity to name an attorney for property
- capacity to retain & instruct counsel
- capacity to marry / divorce
- capacity to consent to treatment
- Describe how different types of decisional capacity can be relevant to legal and mental health practitioners working with adults involved in family matters
- Describe how psychiatric illness & cognitive impairment relate to capacity / incapacity
- Describe key issues in understanding decisional capacity
- If my client is incapable of naming an attorney for property – is he/she therefore incapable of instructing counsel?
- Is capacity time-specific
- Is capacity assessment a test?
- Are all incapacities created equal – different thresholds / legal tests
- Strategic insight on safeguarding clients’ interests from a capacity standpoint
- What to look for – Common triggers / reasons to query decisional capacity
- What to do – how capacity issues may affect your family law matter
- Case examples illustrating capacity in a family law context
Provincially regulated: In Ontario, the PGT and Substitute Decisions Act, The Mental Health Act, The Health Care Consent Act
Lawyers’ liability and Rules of Professional Conduct and Best Practices
Approved for 1 hour CPD
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