Ontario Barrister and Solicitor Practice Exam

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What is a lawyer's obligation when drafting a Will for a hospitalized person?

To only communicate with the spouse
To obtain instructions directly from the testator and determine capacity
To follow hospital guidelines on patient capacity
To consult with the hospitalized person's doctor only

The correct answer is: To obtain instructions directly from the testator and determine capacity

When drafting a Will for a hospitalized person, a lawyer's obligation is not limited to only communicating with their spouse (option A). This would violate the hospital patient's right to privacy and autonomy. Additionally, a lawyer should not follow strict hospital guidelines on patient capacity (option C) as the determination of capacity is a legal matter and should be based on the lawyer's professional judgment. Consulting with the hospitalized person's doctor only (option D) may provide additional information, but it is not sufficient in determining the patient's capacity and obtaining instructions directly from the testator is still the lawyer's responsibility. Therefore, option B, to obtain instructions directly from the testator and determine capacity, is the most accurate and responsible obligation of a lawyer when drafting a Will for a hospitalized person.