I am pleased to share a decision published by the State Administrative Tribunal of Western Australia in which I acted for the Subject of the application, "DJJ", who is 94 years of age.
The decision highlights the importance of finding the most suitable and least restrictive means of decision-making for individuals in guardianship and administration matters.
📄 Key takeaways from the decision:
1️⃣ Administration: The Tribunal found that although DJJ was in need of an administrator, a less restrictive means was available for managing her estate. Consequently, the Tribunal chose not to appoint an administrator and instead reinstated the enduring power of attorney (EPA) that had previously been revoked.
2️⃣ Guardianship: The Tribunal determined that DJJ required a guardian and found no less restrictive means available for making decisions on her behalf. CTJ (the Daughter) was deemed suitable and was appointed as DJJ's guardian.
This decision serves as a reminder that each case is unique and requires careful consideration of the Subject's individual needs and circumstances. It also emphasizes the importance of exploring less restrictive options when determining the best course of action for the Subject's well-being.
#Guardianship #dementia #alzheimers #EnduringPowerOfAttorney #LeastRestrictiveMeans #administration
The Future of Legal Work: Leveraging Innovative Tools and Techniques
📣 My Recent CPD Presentation at Legalwise Seminar
I'm delighted to share with you my recent experience presenting at a CPD seminar for Legalwise at the Parmelia Hilton, Perth on 8th March 2023. The subject of my presentation was "How to Use Technologies to Best Increase Efficiency and Gain Valuable Time Saving".
We live in a world where technology is evolving rapidly, and it's essential for us as legal professionals to stay ahead of the curve. In my presentation, I covered various cutting-edge tools and techniques that can significantly enhance our productivity and efficiency, including:
🤖 Artificial Intelligence
🗣️ ChatGPT
🧪 OpenAI Playground
🎤 Dictation
📱 iPads/Tablets
🧠 Mindmaps
📅 Chronologies Made Easy
I believe that embracing these technologies will not only streamline our daily tasks but also improve our decision-making and strategic planning processes. This ultimately allows us to focus on delivering exceptional service to our clients and advancing the legal profession.
I have attached the PowerPoint from my CPD presentation. Feel welcome to download and explore the content.
#legaltech #innovation #efficiency #timesaving #CPDseminar #Legalwise #lawyers
📎 [PowerPoint Presentation: How to Use Technologies to Best Increase Efficiency and Gain Valuable Time Saving]
The Montreal Cognitive Assessment Test: An Essential Tool for Guardianship Applications
The decision to seek a guardianship for a loved one is a challenging and emotional process.
As a guardianship lawyer, I understand the importance of ensuring that the best interests of your loved one are protected.
One of the essential tools in evaluating mental capacity for the purpose of guardianship applications is the Montreal Cognitive Assessment (MoCA) test.
In this blog post, I will provide a detailed explanation of the MoCA test and how it can be an invaluable tool in the guardianship process.
What is the Montreal Cognitive Assessment (MoCA)?
The MoCA is a widely recognized and respected cognitive screening tool designed to quickly assess cognitive functioning in adults. Developed by Dr. Ziad Nasreddine in 1996, the MoCA test evaluates various cognitive domains, including memory, attention, language, visuospatial abilities, and executive functions.
The MoCA test consists of 30 questions that are scored on a maximum of 30 points. It is relatively quick to administer, taking approximately 10 to 15 minutes. A score of 26 or above is considered normal, while a score below 26 may indicate mild cognitive impairment (MCI) or dementia.
Why is the MoCA test important in guardianship applications?
In guardianship applications, it is crucial to determine whether the individual in question has the mental capacity to make informed decisions and manage their daily affairs.
The MoCA test provides an objective evaluation of cognitive abilities, offering valuable insights into the individual's cognitive strengths and weaknesses.
Here are a few reasons why the MoCA test is essential in guardianship applications:
Objective assessment: The MoCA test provides an unbiased evaluation of cognitive abilities, minimizing the risk of subjectivity and personal bias.
Comprehensive evaluation: The MoCA test covers various cognitive domains, allowing for a well-rounded understanding of the individual's cognitive functioning.
Quick and efficient: The test is relatively brief, making it an efficient tool for initial cognitive assessment in the guardianship process.
Widely recognized: The MoCA test is respected by healthcare professionals and the legal community, making it a reliable indicator of mental capacity in guardianship proceedings.
How is the MoCA test used in guardianship applications?
The results of the MoCA test can be used to support the determination of whether an individual requires a guardian. It is important to note that the MoCA test is just one part of a comprehensive evaluation. Additional information, such as medical records, input from healthcare professionals, and a thorough understanding of the individual's daily functioning, is also essential in making an informed decision about guardianship.
The MoCA test may also play a role in determining the scope of the guardianship. If the test results reveal specific cognitive impairments, the guardian's powers may be tailored accordingly to ensure that the individual's rights and autonomy are respected to the greatest extent possible.
Key takeaways
The Montreal Cognitive Assessment test is an invaluable tool in the guardianship application process.
It offers a comprehensive, objective assessment of an individual's cognitive functioning, providing crucial information to make the difficult decision of seeking guardianship.
By using the MoCA test and other relevant information, we can ensure the well-being and protection of our loved ones.
If you have any questions about the MoCA test or the guardianship process, please do not hesitate to reach out to my team or myself. We are here to support you and your loved ones, offering guidance and expertise in navigating this complex legal landscape.
7 Simple Ways to Reduce Fall Risk for People with Dementia
7 ways to prevent falls for people with dementia
A hospitalisation from a fall is a common theme in my guardianship cases where the Subject of the SAT application has dementia.
Did you know that falls are one of the leading causes of hospitalisations for people with dementia?
A study showed that 26% of individuals with Alzheimer's were hospitalised due to falls, and people with dementia experience 8 times as many falls as those without dementia.
To help prevent falls in your loved one with dementia, here are 7 simple ways you can reduce fall risk:
1️⃣ Review their medications with a healthcare provider, as some medications can increase the risk of falls
2️⃣ Consider their medical conditions and diagnoses, such as Parkinson's disease or changes in blood pressure
3️⃣ Talk to their doctor about the best time of day to take medications to decrease falls risk
4️⃣ Be extra alert and vigilant during concerning times for falls
5️⃣ Do tests to assess their fall risk, such as closing their eyes while standing
6️⃣ Implement safety measures in the bathroom, such as using a shower chair or bench
7️⃣ Reduce fall risk by being mindful of when blood pressure changes can occur
When I speak to clients, concerns about falls risks come up time and again, and are a top-of-mind risk for Public Advocate Investigators when doing reports in advance of a hearing. Something to be mindful about when caring for people with dementia.
The Risks of Using a Generalist Lawyer in Guardianship Matters
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.
Navigating the Complex World of Legal Billing: Strategies for Reducing Costs
Legal billing can often be a complex and confusing process, leaving clients feeling frustrated and overwhelmed.
However, with a few simple tips and strategies, you can navigate the world of legal billing with greater ease and confidence, while also reducing costs along the way.
1️⃣ Ask for a detailed costs estimate, including a spreadsheet to see how it was calculated: Before hiring a lawyer, make sure to ask for a detailed Costs Agreement and/or Costs Disclosure that outlines the hourly rate, any additional charges, and the estimated total cost. Sometimes lawyers will have relied on 'gut feel' or a template. Therefore, you should ask for a spreadsheet to minimise the risk you just receive a precedent or template that has not been tailored to your specific case. This will give you a clear understanding of what you can expect to pay and help you avoid any surprises down the line.
2️⃣ Communicate with your lawyer about costs: Regular communication with your lawyer is key to managing costs. Discuss your financial circumstances, budget and goals, and make sure to ask for regular updates on the status of your case and the expenses incurred. This will give you a better understanding of where your money is going and help you to make informed decisions about future expenses. Do not assume your lawyer will know whether you are rich or poor or in-between. If they do not know, they will not be likely to guess. They will just 'chug along', assuming you have the means to pay for any twists and turns in the case.
3️⃣ Consider alternative fee arrangements: Instead of traditional hourly billing, consider alternative fee arrangements such as conditional 'no win no fee' arrangements, fixed fees, or value-based fees. These arrangements can provide greater predictability and stability in terms of costs, and can also incentivise your lawyer to resolve your case more efficiently.
4️⃣ Be mindful of expenses: Expenses can often be a profit-centre for lawyers, where they charge much more than the cost of production. Avoid unnecessary spending on things like photocopying, by negotiating to do any photocopying yourself, with you then delivering the photocopied documents to the lawyers to use.
5️⃣ Challenge unreasonable charges: If you feel that a charge is unreasonable or unjustified, don't be afraid to challenge it. A good lawyer should be willing to explain their charges and work with you to find a mutually acceptable solution.
I frequently act for disgruntled clients who challenge their legal bills. This includes where it progress to a lawyer-client costs assessment at the Supreme Court of Western Australia.
By taking these steps, you can navigate the complex world of legal billing with greater confidence, and reduce costs along the way.
Staying Within Budget: The Consequences of Deviating from Approved Costs in Litigation
The role of cost budgeting in modern litigation has gained significant attention in recent years, in light of the Lord Jackson Report and the subsequent reforms in the UK.
The report, which was published in 2010, emphasized the need for greater transparency and predictability in legal costs.
As a result of the report, the UK introduced a number of measures to promote cost budgeting, including:
1️⃣ mandatory cost budgeting in more complex legal matters, and
2️⃣ the requirement for parties to file cost budgets at various stages of the litigation process.
Once the cost budget is approved by the judge, it serves as a guideline and a benchmark for the parties to follow throughout the litigation process.
The judge will review and approve the budgets at various stages of the litigation.
Deviations from the approved budget may be subject to scrutiny.
If a party exceeds their approved budget without good cause, they may have their costs limited to the budgeted amount in the event that they succeed at trial and costs are awarded to them.
For example, imagine a case where a plaintiff is suing for breach of contract.
The plaintiff's legal team prepared a detailed cost budget, outlining all of the expenses they anticipate incurring over the course of the litigation. After reviewing the budget, the judge approves it as reasonable and proportionate.
Throughout the litigation, the company's lawyers are not diligent in keeping their expenses within the approved budget.
After the trial, the judge awards costs to the plaintiff, but limits the sum to the amount budgeted, rather than the actual expenses incurred.
As a result, the out-of-pocket legal costs exceed the damages awarded for breach of contract, and it was a pointless exercise to have commenced the litigation. ▶ It cost more than was gained.
The process of costs budgeting serves as a powerful incentive for both parties to stay within their budget and to be mindful of the costs of their actions. Any deviation from the approved budget could result in significant financial consequences. Not to mention embarrassment for the lawyers involved.
This serves as a powerful incentive for parties to stay within their budget and to be mindful of the costs of their actions.
Additionally, it also helps to ensure that the litigation remains fair and proportionate, with the costs of the proceedings being proportionate to the amount in dispute.
While these reforms have not yet been implemented in Australia, it seems inevitable cost budgeting will be introduced to our legal system at some stage.
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.
Understanding defamation: What makes a statement defamatory?
A simple explanation of what makes something defamatory ... does it make people (a) think less of the person it is about, or, (b) make people want to avoid that person.
It's not necessary for the statement to say that the person is bad, but if it says that they are not good at their job or lack qualifications, that is enough.
An example is if someone says "X is a nice person but can't do surgery well" about a surgeon, it would be damaging to their reputation because it affects their profession, but if someone says the exact same words about a person who isn't a surgeon (perhaps, for example, where it turns out the person is actually a plumber), it wouldn't be considered defamatory.
The Link Between Duels and Defamation
Let's duel at dawn! ... The history of defamation takes most people by surprise, but makes sense when you work as a defamation lawyer.
Doing this job, you come to realise that it's not so much about money for the injured party. It's about their reputation being vindicated.
The evolution of how society deals with false statements that damages a person's reputation has many twists and turns. But one linkage is especially thought-provoking.
In the past, the duel was seen as a way to restore a person's honour if it was believed that their reputation had been damaged by false statements.
As society progressed, the use of duels as a means of resolving defamation cases was phased out and replaced with more legal forms of redress.
In 1613, King James I issued a royal edict against duelling, and this was reinforced by a Star Chamber decree in the following year.
From that point on, courts waged a continuous hostility to the duel in all its forms. They refused to regard it as in any way an affair of honour, but held it to be an unlawful assembly in an aggravated form.
The creation of the tort of written defamation was a way to address non-political, non-criminal libels.
It was a solution to the question of how to restrain these types of libels, when the vindication of the duel was no longer an option.
We often overlook the historical context of our laws, as we navigate a rapidly-changing landscape. But it helps to better understand human nature, if we learn about where our laws have come from.