There are more than 353,800 Australians living with dementia, expected to rise 400,000 in less than five years, generally with symptoms noticed by family members on average 3 years before formal diagnosis. (Alzheimers’ Australia) Like many illnesses, it does not discriminate and so it comes as no surprise that it would beset the sharpest of minds. Experienced succession lawyers tend to be keenly aware of the issue in the context of end of life decision making. I am however, noting capacity issues affecting other areas of practice - Goddard Elliott v Fritsch [2012] VSC 87. They are simply no longer confined to end of life decisions when clients are giving us instructions. I see this as raising a mountain of issues for solicitors in taking instructions across a broad range of practice areas.

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