What does ‘dementia capability’ mean for the legal profession? Perspectives of legal practitioners and people with lived experience of dementia (V)
Nola Ries1, Karen Donner Faculty Of Law, University of Technology Sydney Sydney 1Faculty Of Law, University of Technology Sydney, Sydney, NSW, Australia
Abstract
Introduction: This paper will present the results of a recently completed research project that investigated what the concept of ‘dementia capability’ means for the legal profession. In general, this term describes a practitioner whose knowledge, skills, attitudes and behaviours enable them to meet the needs of people living with, or at risk of, dementia and those who support them. To date, dementia capability has mainly been explored in the context of health and aged care workforces.
Method: The major research activity was a Delphi-style process that involved in-depth interviews and a subsequent survey to elicit participants’ views on the attributes of a ‘dementia capable’ legal practitioner and strategies to support practitioners in attaining those attributes.
Results: Legal practitioners (n=22) who took part in the study were involved with professional committees that provide policy and practice leadership to the profession; elder law specialists; and legal practitioners in the community legal sector, particularly those involved in seniors law services. Participants with lived experience (n=17) were people living with dementia and support persons for someone with a diagnosis.
Participants endorsed attributes of a dementia capable legal practitioner across four categories: knowledge; professionalism; legal rights and risks; and capacity. The presentation will discuss key attributes in each category, noting areas of agreement revealed through the Delphi process, as well as areas of contention. Notably, supported decision-making for a client with cognitive disability emerged as a thorny issue for practitioners. Participants with lived experience emphasised the need for strengths-based approaches for any professional working with clients with dementia.
Implications: The implications of the study will be discussed in the context of Australia’s National Dementia Action Plan. Building dementia capable workforces and professions is a priority objective in the Plan, which is a ten-year roadmap to a more dementia-inclusive Australian society.
Biography
Nola Ries, PhD (Behav Sci), MPA, LLM, JD, BA (Hons), is a legal and social science researcher with expertise in law, health and ageing. She is a co-founder of the Dementia Law Network, Director of the UTS Law Health Justice Research Centre and a lead researcher with the UTS Ageing Research Collaborative.