Dementia capability for the legal profession
A growing number of people in Australia are living with dementia. A dementia diagnosis is a common prompt for people to seek legal advice to put plans in place for their future. Proactive legal planning may cover matters related to property and finances, living arrangements, health and lifestyle matters.
Dementia capability refers to a practitioner whose knowledge, skills, attitudes and behaviours enable them to work effectively with people living with dementia, those who support them, as well as other clients seeking to plan ahead for their future.
Dementia capability in the legal profession has relevance to a range of clients, not just people who have a dementia diagnosis. Developing and applying the attributes of dementia capability can improve access, inclusion and person-centred services for all clients.
What are the attributes of a dementia capable legal practitioner?
The attributes of a dementia capable legal practitioner are set out below. These attributes were developed as part of a research project led by Nola Ries and Karen Donner, Faculty of Law, University of Technology Sydney.
Legal practitioners from across Australia, people living with dementia and support persons of someone with dementia took part in this project. The audio clips are comments from people who took part in the research project.
For more information, download the full report, Dementia Capability for the Legal Profession in Australia.
Attributes of a dementia capable legal practitioner
The attributes of a dementia-capable legal practitioner are grouped into five areas: knowledge; legal rights and risks; capacity; communication; and advocacy. Find out more about these attributes by clicking on each button in the graphic below.
A dementia capable legal practitioner
Knows current information about dementia relevant to legal practice, including being aware that:​
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dementia is a broad term that encompasses a number of progressive conditions;
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dementia involves a range of signs and symptoms that may involve changes in cognitive abilities, behaviour, communication and personality;
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a person-centred approach is required to identify and meet each client’s unique needs and abilities.
RESOURCES
Dementia Australia is a source of up-to-date information and resources about dementia: https://www.dementia.org.au
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Dementia Australia, How to Talk about Dementia: https://www.dementia.org.au/about-dementia/how-talk-about-dementia
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Canadian Alzheimer’s Society person-centred language guide:
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Law Council of Australia, Best Practice Guide for Legal Practitioners on Assessing Mental Capacity (June 2023)
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Law Council of Australia, Best Practice Guide for Legal Practitioners in Relation to Elder Financial Abuse (June 2023)
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Compass – Guiding Action on Elder Abuse, https://www.compass.info,
including guidance on:
Courses for further learning
UTS Open, dementia-focused short courses for legal professionals:
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University of Tasmania, Wicking Dementia Research and Education Centre offers free online courses:
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Dementia Training Australia – Communication Strategies, https://dta.com.au/online-courses/the-view-from-here-racf/communication-strategies-racf
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ACKNOWLEDGEMENTS
This statement of attributes was developed as part of a research project led by Nola Ries and Karen Donner, Faculty of Law, University of Technology Sydney. Legal practitioners from across Australia, people living with dementia and support persons of someone with dementia took part in this project. Participants shared their views and experiences in a process that led to the development of the statement of the attributes of a dementia capable legal practitioner.
We thank everyone who contributed their time and expertise to this project. All views and opinions expressed are those of each individual. The people identified below gave their permission to be publicly acknowledged and thanked for their contributions.
We are grateful to Step Up for Dementia Research and Dementia Australia’s Dementia Advocates Program for their invaluable assistance in helping to connect the research team with people living with dementia and care supporters.
Project advisory group
Ilona Balint, Dementia Advocate
Imelda Gilmore, Dementia Advocate
Stephen Grady, Dementia and Aged Care Advocate
Hayley Bennett, Barrister
Anthea Kennedy, Accredited Specialist in Wills and Estates
Deborah Parker, Professor of Nursing Aged Care (Dementia) and Director, UTS Ageing Research Collaborative, University of Technology Sydney
Legal practitioners
Lauren Absalom, NSW Trustee & Guardian and the Law Society of New South Wales
Rebecca Anderson, ADA Law, Queensland
Lisa Barca, Partner and Accredited Specialist in Wills & Estates, Turner Freeman, New South Wales
Jennifer Brook, Director, Sedsman Legal, and Member of the Succession and Elder Law Committee of the Law Society of South Australia
Darryl Browne, Browne Linkenbagh, New South Wales; Accredited Specialist in Wills & Estates; Chair, Law Council of Australia’s Elder Law and Succession Committee
Tanya Chapman, Baker Love Lawyers, New South Wales
Rod Genders, Law Council of Australia - Elder Law and Succession Law Committee, Law Society of South Australia - Succession Accredited Specialist in Wills and Estates and Elder Law Committee, Society of Trust and Estate Practitioners - South Australia
Legal Aid NSW Elder Abuse Service
Jarrad McCarthy, NSW Trustee and Guardian
Karina Penfold, New South Wales
Megan Penno, Tasmania
Michael Perkins, Co-founder and Principal Lawyer, Autonomy First Lawyers, New South Wales
Bernadette Radburn, New South Wales
Dominique Saunders, Saunders Legal: Health Ethics Law Diversity, Victoria
Clare Sunderland, Johnstone & Reimer Lawyers, Victoria
Alison Wiss, McMullen Lawyers, Past Chair of the Elder Law Committee - Law Society of Tasmania, Board Member of COTA (Council of the Ageing), Tasmania
People with dementia and support persons/carers
Dennis Frost, Dementia Advocate,
Vice Chair Dementia Australia Advisory Committee
Gerard Lee
Mithrani Mahadeva
Leone McGovern
Kerry Morrison
Claire Powell
Bobby Redman, Chair, Dementia Australia Advisory Committee
Frances Short
Rhonda Stewart
Andrea A Tesoriero
Funding acknowledgements
We acknowledge funding from the UTS Disability Access and Inclusion Fund that supported the development of this website. The research project to develop the statement of attributes was funded by a grant received from the Australian Community of Practice in Research in Dementia (ACcORD). The ACcORD is supported by the National Health and Medical Research Council via a Dementia Research Team Grant (APP1095078).