A crucial aspect of dementia care is understanding and managing ▶ cognitive fluctuations, which are changes in a person's cognitive abilities and levels of awareness.
Dementia is a progressive neurological condition that encompasses various forms such as Alzheimer's, vascular dementia, Lewy Body dementia, and frontotemporal dementia.
The Australian Institute of Health and Welfare estimates that there were ▶ 219,000 Australians with dementia in 2020. This number is on the rise.
Cognitive fluctuations can be influenced by factors like:
1️⃣ environment,
2️⃣ fatigue,
3️⃣ medications, and
4️⃣ time of day.
For example, ▶ sundowning is a common phenomenon where individuals experience increased agitation or confusion during late afternoon or evening hours.
The neurobiology underlying cognitive fluctuations is not yet fully understood, but it is known that dementia results from damage to brain cells and their connections. In Alzheimer's disease, this deterioration begins in the memory centers of the brain and gradually spreads to regions governing attention and awareness.
Disruptions in the brain's "default mode network" can also lead to changes in cognition and self-awareness.
Behavioural interventions, such as music therapy, can temporarily improve mood and memory for those living with dementia.
When interacting with a loved one experiencing cognitive fluctuations, it's important to:
➡ communicate effectively using short sentences,
➡ maintain eye contact,
➡ minimise distractions, and
➡ listen calmly to their concerns.
Although some drugs show promise in slowing memory decline, further research is needed to better understand and treat dementia.
If you are facing guardianship issues related to dementia, I am a specialist guardianship lawyer and can help.
Understanding Schizophrenia: Dispelling Myths and ▶ Promoting Awareness
As a guardianship lawyer with experience in assisting families of schizophrenia patients, I want to raise awareness about this complex mental health condition that affects ▶ approximately 1% of the Australian population.
Schizophrenia is characterized by symptoms such as:
1️⃣ psychosis,
2️⃣ delusions,
3️⃣ hallucinations,
4️⃣ thought and behavioural disorganization, and
5️⃣ “negative symptoms” such as flat affect and loss of interest and motivation.
Proper treatment is crucial, as the World Health Organization estimates that ▶ one-third of people with schizophrenia can experience complete remission with the right approach.
It's essential to recognise that the ▶ hallmarks of schizophrenia vary from person to person, but often include impaired daily functioning and grossly disorganised and catatonic behaviour.
According to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), a ▶ formal diagnosis requires the presence of at least two major symptoms for a significant period within one month.
Though rare, childhood onset schizophrenia affects around 0.4% of kids aged 5-18, and symptoms may manifest differently in children and adolescents compared to adults.
Some common risk factors for schizophrenia include family history, environmental factors, brain chemistry, and brain anatomy.
Treatment for schizophrenia typically involves a combination of medications, evidence-based psychotherapy, lifestyle changes, supportive housing, ongoing care from a clinical team, and community/family support.
It's crucial to address the ▶ stigma surrounding schizophrenia, as misconceptions about the condition can exacerbate symptoms and hinder treatment-seeking behaviour.
By raising awareness about schizophrenia and dispelling myths, we can promote understanding and empathy for those affected by the condition and their families.
This knowledge can also assist in making informed decisions regarding ▶ guardianship and administration orders, to ensure the best possible support and care for individuals living with schizophrenia.
Understanding the Role of Limited Administrators as Litigation Guardians in Western Australia
Introduction
Navigating guardianship matters can be a complex and sensitive process, particularly when supporting individuals who are unable to make reasonable judgments due to mental or physical incapacity. In this article, we will discuss the role of Limited Administrators as Litigation Guardians in Western Australia, as guided by the Guardianship and Administration Act 1990 (WA). We will also explore a real-life case example to illustrate the importance of Limited Administrators as Litigation Guardians, and how they can provide crucial assistance in protecting the legal and financial interests of vulnerable individuals.
Understanding Limited Administrators as Litigation Guardians
In Western Australia, the State Administrative Tribunal has the authority to appoint substitute decision makers, such as Limited Administrators, for individuals who lack the capacity to manage specific legal and financial affairs. Limited Administrators can be appointed as Litigation Guardians to act on behalf of individuals involved in legal proceedings, ensuring their best interests are upheld throughout the process.
Key factors to consider when appointing a Limited Administrator as a Litigation Guardian include:
Legal proceedings: The individual concerned is involved in legal proceedings and lacks the capacity to make decisions or give instructions.
Settlement decisions: The individual concerned is required to make a decision regarding the settlement of a legal claim and is unable to make an informed decision due to their incapacity.
Limited scope: The individual's incapacity is restricted to a specific area of their legal or financial affairs. A Limited Administrator can be appointed to manage only those aspects, allowing the individual to manage their other affairs independently.
Duration: In cases where the individual's incapacity is temporary or expected to improve over time, a Limited Administrator can be appointed for a specific period, ensuring their legal and financial affairs are managed effectively during their period of incapacity.
Case Example: Jane's Story
To illustrate the importance of Limited Administrators as Litigation Guardians, let's take a look at Jane's story. Jane, a 35-year-old single mother, was suffering from severe depression that significantly impacted her ability to make informed decisions. At the same time, she was involved in a complex legal dispute, which required her to make crucial decisions and give instructions to her legal team.
With the approval of the State Administrative Tribunal, a Limited Administrator was appointed as a Litigation Guardian to act on Jane's behalf during the legal proceedings. The Limited Administrator's role was specifically tailored to:
Provide instructions to Jane's legal team on her behalf.
Make critical decisions regarding the settlement of Jane's legal claim.
Ensure that Jane's best interests were upheld throughout the legal process.
In Jane's case, the Limited Administrator's appointment was temporary and focused solely on the legal dispute. This arrangement allowed Jane to maintain control over other aspects of her life while ensuring her legal and financial interests were protected during her time of incapacitation.
Conclusion
This case highlights the importance of the guardianship jurisdiction in Western Australia and the value of Limited Administrators as Litigation Guardians. By understanding the available options and resources, legal professionals and families can work together to support and protect the rights and interests of those who may be unable to do so themselves. It is crucial to consult with an experienced lawyer in the guardianship jurisdiction to ensure that the application process is correctly followed, and the best interests of the person concerned are upheld.
The Importance of Properly Evaluating Mental Capacity in Legal Matters
There is no single legal definition of mental capacity in Western Australia. As a lawyer specializing in guardianship cases, this question is frequently top-of-mind when dealing with some of my clients.
It is important to understand the nuances of determining mental capacity in legal matters. The definition varies depending on the type of decision or transaction involved.
There are various legal tests for mental capacity, such as the test for testamentary capacity.
Despite the many different legal tests, the fundamental issue is whether the client is able to understand the general nature of what they are doing. If there is ongoing difficulty in this level of understanding it may indicate a lack of mental capacity which requires further exploration by the lawyer.
Any work done for a client who it later turns out lacked mental capacity could be invalid and expose the lawyer to potential legal and ethical issues.
For example, a client may appear to have the mental capacity to create a will, but in reality, they may be suffering from dementia and unable to understand the consequences of their actions. This could lead to the will being challenged and the lawyer facing potential legal repercussions.
Another example is, a client may not have the mental capacity to make a contract, but have mental capacity to make a will. A lawyer should be aware of this and should not proceed with the contract if they suspect the client lacks mental capacity. If a lawyer fails to do so, it could lead to the contract being challenged and the lawyer facing potential legal repercussions.
See a publication produced by The Law Society of New South Wales entitled “When a client’s mental capacity is in doubt – A practical guide for solicitors”, dated 2016" for more information.
Navigating Guardianship Applications: Some “signs” for Families Affected by Dementia
GUARDIANSHIP ... it is important to be aware of the early signs of dementia and the difference between dementia and Alzheimer's disease.
Dementia is the term used to describe losing one's memory and speech, with Alzheimer's disease being the most common cause.
In the early stages, it may appear as exaggerated forgetfulness, but as the disease progresses, memory loss, changes in thinking and speech, and changes in behavior may occur.
Other diseases that can cause dementia include vascular dementia, caused by small strokes, and Lewy body disease, which also presents symptoms similar to Parkinson's disease.
Although dementia is not hereditary, an early diagnosis is important as there are treatments that can be offered and it is important to prepare for the future.
Keep an eye out for extraordinary forgetfulness and out of character behaviour, such as putting food in the wrong place or tripping over words in conversation.
If you notice these signs, encourage your family members to seek medical attention for a proper diagnosis.
If you or someone you know needs help applying for or dealing with a guardianship application at the State Administrative Tribunal of Western Australia, please don't hesitate to contact me for assistance. I'm here to help, having acted in more than 100 such applications during the last 5 years.
Financial Elder Abuse: A Serious Issue Affecting Older Australians
As a guardianship lawyer, I've seen first-hand the devastating effects of financial elder abuse on Australian seniors.
If you are a financial advisor, read this blog for signs that financial elder abuse may be happening to your clients, and what role you can play in protecting your clients.
Financial elder abuse is a serious issue that affects many older Australians every year. Elder abuse can take many forms, including financial exploitation, physical abuse, and emotional abuse.
As financial advisors, you are often in a prime (and sometimes ‘only’) position to be aware of the signs of elder abuse and to take action when you suspect that a client may be at risk.
The following are 5 signs that financial elder abuse may be happening:
Sudden changes in financial arrangements, such as the appointment of a new power of attorney or the transfer of assets to a new account.
Unexplained withdrawals from accounts or the use of an elderly person's funds without their knowledge or consent.
The appearance of new "friends" who are taking an interest in the elderly person's financial affairs, especially if they seem to be trying to isolate the person from their family and trusted advisors.
Changes in the elderly person's demeanour or behaviour, such as increased confusion or agitation, that may be caused by financial stress or exploitation.
Unexpected changes in the elderly person's financial situation, such as sudden debts or unpaid bills.
To help protect your clients from elder abuse, there are several steps you can take:
Stay in regular contact with your clients. This will help you to stay informed about their financial situation and to identify any changes that may be cause for concern.
Be aware of the signs of elder abuse. If you notice any unusual activity in your client's accounts or if you have concerns about the well-being of an elderly client, it's important to take action.
Work with other professionals. If you have concerns about a client, consider reaching out to other professionals, such as lawyers or social workers, for guidance on how to proceed.
Educate your clients about the dangers of elder abuse. Help your clients to develop strategies for protecting themselves, such as setting up a power of attorney (if they have capacity) or working with a trusted family member or friend.
By taking these steps, financial advisors can play a critical role in protecting their elderly clients from financial elder abuse. If you have any questions or would like to discuss how I can assist, please don't hesitate to contact me.