Paralegal Camille Broadhurst has had an article published in the Retirement & Estate Planning Bulletin, titled ‘More than memory loss’.
The article, in the Retirement & Estate Planning Bulletin, examines the legal nuances of a condition that is ultimately more than memory loss. Dementia is a terminal and degenerative condition, which leads to impaired cognitive, and eventually, physical function. With an ageing Australian population, the chances of having a client with dementia are very real, with 1 in 10 people over the age of 65, and one third of those over 85, having a level of the condition.
Camille Broadhurst, in the article, said “It is the duty of the legal industry to follow legal and competent instructions. Indeed, Legal practitioners have a duty to act in the best interests of a client, whilst recognising that their duty to the court and to the administration of justice is paramount and prevails to the extent of any inconsistency with any other duty. Demarcating the line between a competent and incompetent client can be difficult.
“Dementia is more than memory loss and understanding the nuances of the condition can only aid a legal practitioner in making an assessment of capacity and ultimately, assist a potentially vulnerable or soon-to-be vulnerable client.”
Armed with more knowledge of the condition, understanding a client’s capacity can lead to fair and equitable outcomes, which can also safeguard their former competent legal decisions and prevent elder abuse.
Read the full article here.
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