Ontario Barrister and Solicitor Practice Exam 2026 - Free Barrister and Solicitor Practice Questions and Study Guide

Question: 1 / 400

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

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.

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To follow hospital guidelines on patient capacity

To consult with the hospitalized person's doctor only

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