Australian lawyers' views on competency issues in older adults

Behavioral Sciences & the Law
E HelmesA Allan

Abstract

Lawyers are often called upon by their older clients to draft contracts, make up wills or powers of attorney, or provide other forms of legal advice or service. With the increasing numbers of older people in the population, the numbers of older clients for legal practitioners is likely to increase. Older people are also at increased risk for impaired cognitive processes that can affect their ability to make reasoned judgements in civil contracts and other legal arrangements. Here we report on the results of a survey of 302 Australian solicitors as to their experience and practices in determining the capacity of older clients to make legal decisions. The responses, reflecting a 20.7% return rate, showed a wide range of experience in conducting capacity assessments, with a mean of 15.7 years (SD = 10.59). There was a very wide range of practices in determining capacity with no consensus. The most frequent form of questions older clients were asked related to personal and family history. Less than one-quarter asked for the rationale of the decision: the most appropriate form of question in the literature. The results suggest a need for further training of solicitors in the assessment of the capacity of older clients to make legal ...Continue Reading

References

Mar 1, 1977·The American Journal of Psychiatry·L H RothC W Lidz
Feb 1, 1992·The American Journal of Psychiatry·J E Spar, A S Garb
Nov 1, 1988·Journal of the American Geriatrics Society·S KloezenA Steinberg
Dec 22, 1988·The New England Journal of Medicine·P S Appelbaum, T Grisso
Aug 1, 1986·The American Journal of Psychiatry·T G Gutheil, H Bursztajn
Sep 21, 1996·BMJ : British Medical Journal·B R McAvoy, E F Kaner
Jan 1, 1997·International Journal of Law and Psychiatry·S Verma, M Silberfeld

❮ Previous
Next ❯

Citations

Oct 7, 2010·Evidence-based Complementary and Alternative Medicine : ECAM·Yoon Young KimYoung Min Choi
Jan 10, 2014·International Journal of Speech-language Pathology·Kerryn AldousAlison Ferguson
Jun 15, 2007·Behavioral Sciences & the Law·Melanie Gavisk, Edith Greene
May 10, 2018·BMC Public Health·Amy WallerJamie Bryant
Nov 27, 2019·Australian Occupational Therapy Journal·Ruth Usher, Tadhg Stapleton
Jan 28, 2020·Psychiatry, Psychology, and Law : an Interdisciplinary Journal of the Australian and New Zealand Association of Psychiatry, Psychology and Law·Simon ZuscakM Anthony Machin

❮ Previous
Next ❯

Related Concepts

Trending Feeds

COVID-19

Coronaviruses encompass a large family of viruses that cause the common cold as well as more serious diseases, such as the ongoing outbreak of coronavirus disease 2019 (COVID-19; formally known as 2019-nCoV). Coronaviruses can spread from animals to humans; symptoms include fever, cough, shortness of breath, and breathing difficulties; in more severe cases, infection can lead to death. This feed covers recent research on COVID-19.

Blastomycosis

Blastomycosis fungal infections spread through inhaling Blastomyces dermatitidis spores. Discover the latest research on blastomycosis fungal infections here.

Nuclear Pore Complex in ALS/FTD

Alterations in nucleocytoplasmic transport, controlled by the nuclear pore complex, may be involved in the pathomechanism underlying multiple neurodegenerative diseases including Amyotrophic Lateral Sclerosis and Frontotemporal Dementia. Here is the latest research on the nuclear pore complex in ALS and FTD.

Applications of Molecular Barcoding

The concept of molecular barcoding is that each original DNA or RNA molecule is attached to a unique sequence barcode. Sequence reads having different barcodes represent different original molecules, while sequence reads having the same barcode are results of PCR duplication from one original molecule. Discover the latest research on molecular barcoding here.

Chronic Fatigue Syndrome

Chronic fatigue syndrome is a disease characterized by unexplained disabling fatigue; the pathology of which is incompletely understood. Discover the latest research on chronic fatigue syndrome here.

Evolution of Pluripotency

Pluripotency refers to the ability of a cell to develop into three primary germ cell layers of the embryo. This feed focuses on the mechanisms that underlie the evolution of pluripotency. Here is the latest research.

Position Effect Variegation

Position Effect Variagation occurs when a gene is inactivated due to its positioning near heterochromatic regions within a chromosome. Discover the latest research on Position Effect Variagation here.

STING Receptor Agonists

Stimulator of IFN genes (STING) are a group of transmembrane proteins that are involved in the induction of type I interferon that is important in the innate immune response. The stimulation of STING has been an active area of research in the treatment of cancer and infectious diseases. Here is the latest research on STING receptor agonists.

Microbicide

Microbicides are products that can be applied to vaginal or rectal mucosal surfaces with the goal of preventing, or at least significantly reducing, the transmission of sexually transmitted infections. Here is the latest research on microbicides.