As a guardianship lawyer with experience appearing in hearings before the State Administrative Tribunal of Western Australia, I often encounter cases involving individuals with acquired brain injuries (ABIs).
The impact of these injuries can be profound. often leading to impulsivity and, therefore, vulnerability to exploitation.
In this blog post, I describe what an ABI is, its causes, the link between ABI and impulsivity, and why this can justify the need for a guardian and/or administrator.
What is an Acquired Brain Injury?
An acquired brain injury (ABI) is damage to the brain that occurs after birth and is not related to a congenital disorder, developmental disability, or progressive degenerative disease.
ABIs can result in cognitive, emotional, and physical impairments that can vary widely in severity, depending on the extent and location of the brain damage.
Causes of Acquired Brain Injuries
There are many possible causes of an ABI, including:
Traumatic brain injuries (TBIs) – resulting from events such as falls, motor vehicle accidents, sports injuries, and violence.
Non-traumatic brain injuries – caused by medical conditions such as stroke, brain tumors, infections (e.g., meningitis or encephalitis), hypoxia (lack of oxygen to the brain), and exposure to toxic substances.
Impulsivity and Other Symptoms of ABI
Impulsivity is a common symptom of ABI and can manifest in various ways, such as:
Difficulty with impulse control: Individuals with ABI may struggle to resist urges, make hasty decisions without considering the consequences, or act inappropriately in social situations.
Emotional dysregulation: Mood swings, irritability, and emotional outbursts may be more frequent for those with ABI.
Cognitive impairments: ABI can lead to problems with memory, attention, planning, and problem-solving.
Why ABI Can Justify a Guardian and/or Administrator
Individuals with ABI, particularly those exhibiting impulsivity and other cognitive or emotional impairments, can be at increased risk of exploitation and may struggle to manage their personal, medical, or financial affairs effectively.
In these situations, the appointment of a guardian and/or administrator may be necessary to protect the individual's best interests and ensure their wellbeing.
A guardian is a person appointed by the State Administrative Tribunal to make personal and lifestyle decisions on behalf of an individual with a mental disability. An administrator, on the other hand, is appointed to manage the individual's financial and legal affairs.
Both roles aim to provide support and protection to the individual, while considering their wishes and needs to the greatest extent possible.
Acquired brain injuries can have a significant impact on an individual's ability to make sound decisions and protect themselves from potential exploitation.
By understanding the link between ABI and impulsivity, we can better recognize when a guardian and/or administrator may be necessary to safeguard the best interests of those affected.
If you or a loved one has experienced an ABI and requires legal assistance, please contact me, if you need to speak with a guardianship lawyer with experience in the State Administrative Tribunal of Western Australia for guidance and support.