Tag Archives: Powers of Attorney

Picture of a sign outside a hospital

Cultural factors must be considered when assessing capacity

Antonia is in her mid-eighties. She migrated to Australia from Italy in the 1960s. Antonia’s first language is Italian, and she speaks only limited English. She received the equivalent of a grade three education. Antonia’s communication is hampered by a hearing impairment. After Antonia contracts the flu, her doctor places her in hospital.

The treating team speak with Antonia without an interpreter present and when Antonia does not have her hearing aids in. Consequently, she feels unsure about what is happening. The treating team interpret Antonia’s uncertainty as a lack of understanding and arrange for Antonia to be assessed by the geriatrician. read more

Elder abuse service pilots dementia project

Seniors Rights Victoria is pleased to announce it has received funding from the Department of Justice and Regulation to partner with Dementia Australia (DA) for a pilot series of legal information sessions and clinics in Victoria. Advocacy is an integral component of the project to ensure a holistic response to the non-legal needs of participants.

The sessions and clinics combined will enable people who have been recently diagnosed with dementia to plan ahead and to make informed choices about their future financial, health or care arrangements, as well as to put those choices into an appropriate legal format. The pilot project will run for a year.

Seniors Rights Victoria will support delivery of the session on Advanced Care Planning and Powers of Attorney (POAs) within the “Living with Dementia” program and as stand along one-off community education sessions. In addition, Seniors Rights Victoria will provide a number of legal clinics for people who have attended a session to provide one-on-one legal and advocacy consultations.

“This will ensure that legal education and advice is based on therapeutic principles and an empowerment approach for the older person, including the provision of support for non-legal issues facing the individual. It will also allow us to screen for elder abuse,” said Seniors Rights Victoria principal Lawyer Rebecca Edwards.

“We’re really excited to be pioneering this approach in collaboration with Dementia Australia – the link between cognitive impairment and elder abuse is well established,” she said.

Ms Edwards said Australian research estimates that up to 10 per cent of older people experience some form of elder abuse and that the incidence is significantly under-reported (Kaspiew et al 2016). In addition, almost one in 10 people over 65 have dementia (NATSEM 2016). For example, recent research has found elder abuse prevalence rates among guardianship clients of 13 per cent in 2013-14 and 21 per cent in 2016-17 (Bedson et al 2018).

The sessions will start in 2019.