News release

From: University of Technology Sydney (UTS)

Lawyers play a critical role in helping people with dementia plan for the future. A new study identifies current knowledge gaps in the legal profession as well as key capabilities needed to better support people with dementia.

More than 55 million people worldwide live with dementia, and it is the leading cause of death in Australia. Without appropriate legal advice, people with dementia could miss the opportunity to put crucial plans in place, risking family disputes and financial exploitation.

The study, by University of Technology Sydney (UTS) Law Professor Nola Ries and PhD candidate and lawyer Karen Donner, is the first to examine dementia capability among legal professionals, drawing on the experiences of lawyers, people with dementia and their support people.

“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 Professor 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,” she said.

The study, recently published in the International Journal of the Legal Profession, identified five essential 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. The five attribute categories we identified provide a framework for professional development and practice improvement,” said Ms Donner.

The findings also revealed significant knowledge gaps even among experienced legal practitioners, particularly regarding different dementia types and the distinction between diagnosis and capacity.

“One of the biggest concerns was the tendency to equate a dementia diagnosis with incapacity, and the risk that legal planning may be denied due to fear of legal repercussions. Determining if a person has capacity varies depending on the legal task,” said Professor Ries.

“Different types of dementia can also affect people in very different ways. For example, fronto-temporal 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,” she said.

The researchers are now working with Dementia Australia to deliver training courses for legal professionals. They are also currently hosting a series of free webinars for lawyers, which include perspectives from people living with dementia.

Lawyer Mark Minarelli said he is increasingly seeing friends and clients dealing with a diagnosis of dementia and this has reinforced to him the importance of access to appropriate care and professional advice.

“I believe lawyers have a role in becoming part of the support available to people with dementia and their families. I think this role should go beyond the traditional focus on establishing legal capacity and involve understanding the challenges of living with dementia.

“There is an opportunity for lawyers to support clients and families facing these challenges, rather than merely being document providers,” he said.