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New research has highlighted the important role that lawyers can play in improving the lives of people living with dementia and their families.
A study conducted by the University of Technology Sydney (UTS) has uncovered how lawyers can play a critical role in assisting people with dementia in planning for the future.
Within the study conducted by law professor Nola Ries and PhD candidate and lawyer Karen Donner, it was revealed that more than 55 million people worldwide live with dementia, with it being the leading cause of death in Australia.
The research case is the first to examine dementia capability amongst legal professionals, leaning on the experiences of lawyers, people with dementia and their support network.
Without adequate legal advice, people who suffer from dementia could miss the opportunity to put plans in place, resulting in potential family disputes and financial exploitation.
The unfortunate reality is that in recent times, lawyers have not always effectively recognised the needs of clients with dementia.
This was demonstrated through a recent case when a Western Australian lawyer was condemned for failing to properly assess an elderly client’s decision-making capacity, despite the client having been diagnosed with dementia and other cognitive impairments.
According to Ries, Australia’s National Dementia Action Plan underscores the necessity of building dementia-aware workforces, prompting critical discussions regarding the implications for legal practitioners.
“Australia has a National Dementia Action Plan, and improving dementia capability of workforces and professions is one of the priority areas in it. This raised the question: what does that mean for the legal profession,” said Ries.
“Legal planning is a critical component of holistic dementia care. It enables people to maintain autonomy and control over future decisions about finances, health and social support services, living arrangements and end-of-life care.
“Being dementia-capable means professionals have the knowledge, skills and attitudes necessary to effectively support people living with dementia and their carers, who may take on legal roles, such as financial or medical power of attorney.
Talking to Lawyers Weekly, Ries was pressed on why legal planning is integral following a diagnosis of dementia.
“Legal planning is essential to enable people diagnosed with dementia to exercise choice and control over what matters to them,” Ries said.
“Research shows that effective legal planning – especially enduring appointments and a will that are well drafted – can help prevent financial exploitation, unwanted medical care and estate disputes.”
Moreover, Ries outlined the biggest legal risk involved for people with dementia and their families.
“Our research pointed to two big risks:
(1) lack of timely access to a lawyer following the dementia diagnosis, meaning that legal planning is delayed to crisis situations or when capacity is more likely to be in question; and
(2) encountering stereotypes and the false presumption that a diagnosis of dementia automatically equates to a lack of capacity.”
Donner identified five fundamental areas of capability for legal practitioners; knowledge, legal rights and risks, capacity, communication and advocacy.
“Our findings reveal both the necessity and complexity of developing dementia capability among lawyers,” Donner said.
“The five attribute categories we identified provide a framework for professional development and practice improvement.
“Different types of dementia can also affect people in very different ways. For example, frontotemporal dementia can cause changes in judgement and behaviour, which may lead to accusations of criminal behaviour, as our previous research has shown.
“Lawyers need to understand these differences to properly support their clients.”
The researchers are currently working with Dementia Australia to give training courses for legal professionals, along with hosting a series of free webinars for lawyers that include perspectives from people suffering from dementia.
