This article has been reviewed according to Science X's editorial process and policies. Editors have highlighted the following attributes while ensuring the content's credibility: Lawyers play a critical role in helping people with dementia plan for the future. A recent study identifies knowledge gaps in the legal profession and 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 doctoral 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 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 caregivers, 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 Donner. The findings also revealed significant knowledge gaps even among experienced legal practitioners, particularly regarding different types of dementia 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 Ries. "Different types of dementia can also affect people in very different ways.
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