The Legal Guide to Consent, Capacity & Substitute Decision Making

In today’s health care environment, consent, capacity & substitute decision-making remain fundamental issues for those working in the area. As a health care professional or advisor, you face complex questions on these challenging concepts. Issues of informed consent, powers of attorney, capacity assessments, when to call the OPGT and preparing for a hearing before the CCB are matters you face on a routine basis, but the questions surrounding them seem far from routine.

Designed with direct feedback from those working on the front lines in health care, this program will provide you with the critical knowledge and practical strategies you need to confidently manage the risks and meet your obligations. You will hear about:

  • The law that guides your actions: how it all fits together
  • Advance care planning and informed consent under HCCA
  • Where does the authority for a capacity assessment come from?
  • The role of the CCB: what applications can be made and by whom?
  • Reaching out to the OPGT to determine if there is property guardian or court-appointed personal care
  • Managing conflict between family members/substitute decision-makers
  • The role and scope of authority of substitute decision-makers
  • Best practices for dealing with privacy issues related to the release of personal health information
  • The role of patient wishes, advance care plans and other documents in consent

Who Should Take This Program:

  • Managers, Administrators and Operators of Long-Term Care operations
  • Retirement Home Managers, Administrators and Operators
  • Hospital Administrators
  • Community Healthcare
  • Family health teams
  • Directors of Resident Care
  • Medical professionals
  • Risk Managers
  • Social Workers
  • In-House Counsel in long-term care, retirement, hospitals
  • Patient Care Advocates
  • Counsel working in Health, Elder and Estates law



  • Jane E. Meadus, Staff Lawyer, Institutional Advocate, Advocacy Centre for the Elderly
  • Richard Ashok Coutinho, JD, LLM, Client Lawyer, Ontario Ministry of the Attorney General, Office of the Public Guardian and Trustee