Guardianship and administration cases can be complex and emotionally challenging, requiring specialized knowledge and understanding of the laws and procedures involved.
In these situations, having a lawyer who is familiar with the process can provide important guidance and support.
Here are some of the risks of using a generalist lawyer in guardianship and administration matters:
1️⃣ Lack of familiarity with the laws and procedures involved, leading to mistakes and costly delays.
2️⃣ Difficulty in advocating for the client's rights and interests, as the lawyer may not be fully aware of the relevant laws and regulations.
3️⃣ Lack of understanding of the emotional and personal issues involved in these cases, which can make it difficult to provide the necessary support and guidance.
As a lawyer specializing in guardianship and administration in Western Australia, I have a deep understanding of the legal and emotional challenges that my clients face, especially in the context of an aging population. In Western Australia, the population is rapidly aging. According to the Australian Bureau of Statistics, 21.8% of the population was aged 60 years and over in 2021, and this number is expected to increase to 24.7% by 2031.
My goal is to provide clear and concise information about the process and help clients make the best decisions, at such a difficult time in their lives.
Revolutionizing Legal Costs: The Impact of AI in 2023
In my legal costs work, I see big changes coming with AI during 2023.
Doing this work, I am closely involved in drafting bills of costs and negotiating party-party costs for clients. This includes where I am retained by other lawyers to deal with the costs side of things after a hearing or trial.
With the advent of AI, many of the tasks associated with this work are becoming more efficient and automated, with the use of AI-powered e-billing software.
AI-powered e-billing software can automatically review and analyze legal bills, highlighting any potential overcharges or discrepancies.
This can significantly improve the accuracy and speed of cost assessments, making the process more efficient for both the lawyer and the client.
It can also assist in identifying patterns, trends, and outliers in billing data which can help negotiate costs.
One real-world example of this is the use of AI-powered e-billing software in identifying and flagging overcharges.
AI presents a big opportunity for costs lawyers to adapt and evolve our skills to stay ahead of the curve. Costs disputes have traditionally been maddeningly costly (pardon the pun), driving the ultimate client to despair after having already spent so much on the actual case. This is about to change big-time.
AI-powered e-billing software is the biggest advance in costs for decades and we have only scratched the surface.
Why Clients Should Ask About a Lawyer's Experience Before Hiring
Why Clients Don't Ask Lawyers About Their Experience Before Hiring Them:
When it comes to hiring a lawyer, many clients assume that all lawyers are created equal. They trust in the reputation of the law firm and assume that any lawyer from the firm will be competent.
However, this is not always the case, and clients can be taken by surprise when a relatively junior lawyer, with little experience in the subject matter, is handling their case.
Here are some reasons why this happens to clients:
1. Lack of knowledge or understanding about the legal process: Many clients may not fully understand how the legal process works and may not know what questions to ask.
2. Trust in the law firm's reputation: Clients may trust in the reputation of the law firm and assume that any lawyer from the firm will be competent.
3. A belief that more experienced lawyers will oversee and guide the junior lawyers: Clients may assume that more experienced lawyers will oversee and guide the work of the junior lawyers, so they don't ask about the experience of the specific lawyer handling their case.
4. Lack of time or resources to research and compare different lawyers: Clients may not have the time or resources to research and compare different lawyers or law firms.
5. A belief that all lawyers have the same level of expertise and experience: Clients may assume that all lawyers have the same level of expertise and experience, so they don't ask about the experience of the specific lawyer handling their case.
6. Being referred by someone they trust: Clients may be referred to a law firm by someone they trust, and may not feel the need to ask further questions.
7. Being in a difficult or emotional state: Clients may be in a difficult or emotional state and may not think clearly about the hiring process.
8. Not wanting to appear rude or difficult: Clients may not want to appear rude or difficult by asking too many questions.
9. Cost of hiring a lawyer: Clients may assume that the cheapest option is the best option, and may not ask about the experience of the specific lawyer handling their case.
10. Not wanting to take the time to interview multiple lawyers: Clients may not want to take the time to interview multiple lawyers and compare them.
It's important for clients to understand that not all lawyers have the same level of expertise and experience. Before hiring a lawyer, it's essential to ask about their experience and qualifications and research different options.
Even just to ask their first-point-of-contact at the firm (who is often just a 'white label'), "Who will be my actual lawyer? Will you just be supervising that person? How many of this type of case has that lawyer handled during the last 5 years? Can you send me any published cases in which they acted?"
These are essential questions in an era of high settlement. These days even many independent barristers have never done a trial as lead counsel. Without doing due diligence, clients can be surprised the actual lawyer handling their case might be an "L Plater" in the particular area of the law.
Remember the adage, "... the more you know".
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.
Advantages of Hiring a Specialist Lawyer
As my career progressed, I became a specialist in 3 fields:
1. defamation
2. guardianship in SAT, and
3. costs.
It was like gravity pulled me towards these 3 over 19 years as a lawyer, after also trying other things.
Hiring a specialist lawyer brings numerous benefits.
Here are a few:
Expertise: A specialist lawyer has in-depth knowledge and experience in a specific area of law. This means that they are better equipped to handle complex legal issues and provide accurate advice.
Efficiency: Because a specialist lawyer focuses on a specific area of law, they are likely to have a better understanding of the relevant laws and regulations, as well as the specific processes and procedures involved. This can lead to a more efficient resolution of your legal matter.
Cost-effectiveness: While it may seem counterintuitive, hiring a specialist lawyer can often be more cost-effective in the long run. Because they have a deeper understanding of the relevant laws and processes, they may be able to resolve your legal matter more quickly and efficiently, saving you time and money.
Personalized service: A specialist lawyer is likely to have a better understanding of your unique needs and concerns, and will be able to provide more tailored and personalized legal representation.
Overall, hiring a specialist lawyer can bring a level of expertise and efficiency to your legal matters that a generalist lawyer may not be able to provide. While it may cost more upfront to hire a specialist, the benefits can far outweigh the costs in the long run.
Guardianship Specialty: Protecting Loved Ones with Dementia
One of my 3 specialities is GUARDIANSHIP.
I often encounter clients who are seeking guardianship for loved ones suffering from dementia.
Dementia refers to a decline in cognitive function, which includes memory, language, problem-solving, and decision-making abilities. It can be caused by various conditions, such as Alzheimer's disease, stroke, or brain injury.
In the context of guardianship applications, the State Administrative Tribunal of Western Australia considers whether an individual has dementia when determining whether they are capable of making decisions about their own care and welfare.
If the Tribunal determines that an individual lacks capacity due to dementia, a guardian may be appointed to make decisions on their behalf.
Dementia is a progressive condition, meaning it will get worse over time. As such, it's important to plan for the future and ensure that appropriate guardianship arrangements are in place to ensure the best possible care for loved ones suffering from dementia.
If you or someone you know is seeking guardianship for a loved one suffering from dementia, don't hesitate to reach out. I've dealt with 100s of these matters over the years and offer a comprehensive service.
Protecting Individuals with Dementia from Financial Abuse
Dementia can have a significant impact on financial decision making, including:
- Struggling to understand financial concepts
- Difficulty remembering important financial information
- Inability to manage money effectively
These challenges can lead to financial abuse and exploitation, as well as financial instability for the individual and their family.
To protect individuals with dementia, the Guardianship and Administration Act 1990 (WA) offers administration orders. These orders appoint a guardian or administrator to manage the financial affairs of an individual with dementia and provide necessary support and oversight.
It is important to note that administration orders should be considered as a last resort, as they do limit an individual's autonomy and decision-making capacity. However, in cases where an individual with dementia is at risk of financial abuse or is unable to manage their own finances, an administration order can provide much-needed protection and support.
As a specialist in guardianship and administration in the State Administrative Tribunal of Western Australia, I have acted in 30 different cases related to this area of law in 2022 (and counting).
With an ageing population, families may become more aware of the financial exploitation risks associated with dementia during times like the Christmas season.
If you or a loved one are dealing with dementia and financial decision making, I am here to help. I offer a comprehensive service and deeply care about the needs of my clients when they apply for guardianship and administration orders over family members. Do not hesitate to reach out for assistance.
New Technology for Diagnosing Alzheimer's Disease
As a lawyer who works on guardianship applications in the State Administrative Tribunal of WA every day, I spend much of my time reading medical reports.
These are relied on by the Tribunal to whether the presumption of capacity is rebutted in an individual case.
Will be intriguing to see this new technology for diagnosing Alzheimer’s in action.
Hopefully it brings more certainty, when it comes to determining if (and crucially, when) there is a need for a guardianship order to be made after a family member begins displaying symptoms.
Click here to read the full article.
Increase in Guardianship Applications at the State Administrative Tribunal of Western Australia
As a lawyer who practices in guardianship at the State Administrative Tribunal of Western Australia (SAT), I see first-hand the important role guardianship plays in protecting the rights and interests of individuals who are unable to make decisions for themselves due to disability, illness, or injury.
According to data from the SAT's annual reports, the number of guardianship applications lodged with the SAT has significantly increased over the past 5 years.
Here's a breakdown of the number of guardianship applications received by the SAT each year:
Year | Number of Guardianship applications
2018 - 3,864
2019 - 3,938
2020 - 4,903
2021 - 5,061
2022 - 5,602
There has been an overall 45.97% increase in guardianship applications between 2018 and 2022.
If you or someone you know is in need of guardianship assistance, I highly recommend looking at the SAT's website for information and support. The SAT website has a wealth of resources to help navigate the process.
If you would like to hire a lawyer to act on your behalf in a guardianship matter, please don't hesitate to contact me. I would be happy to discuss your options and how I can assist you.
I acted in 30 separate such matters in 2022 alone and offer a specialist service.