Dementia Friendly Law Firm Policy

At Dewey, Helpum & Howe LLP, we are committed to providing a dementia-friendly law firm. These areactions we can implement in our physical office space, in our day-to-day activities and within our overall organization to assist our clients, and their friends and family, suffering from dementia. Note that it is not always immediately evident that a person has dementia. Everyone‘s dementia journey is unique, with different strengths, abilities and challenges along the disease trajectory.See the attached table for signs of dementia and communication strategies. Our practices include the following:

Physical Space

·  Designate a quiet space away from background noise where it is easier to have a conversation.

·  Avoid cluttered spaces; it can be challenging to concentrate with too much visual stimulation.

·  Ensure lighting is adequate. Poor lighting can make the environment confusing or even scary.

·  Avoid verbal directions. We have ensured our signage for washrooms and other important areas is large and clear. Verbal directions may be forgotten quickly and people with dementia may accidentally leave a building or area if there are not clear signs to help them find their way.

Day to Day Activities

·  For older adults with diminished capacity, send out a courtesy reminder with a checklist of what to bring to an appointment. [Note that changing motor skills, language challenges or changes in short term memory may make writing difficult, so it may be tricky to do this over the phone. If possible, follow up by phone the day before or the day of the appointment.

·  Tactfully ask if the person has travel arrangements to get them to and from the appointment.

·  If possible, send any documents for signature to the client in advance of the appointment. Include an opportunity to review what was discussed at the last appointment.

·  Encourage the person to take notes if they are able to do so without getting frustrated.

·  If the person has a support network and where it is ethical and appropriate, include family members or close friends. They may be able to verify information or help with transport to and from appointments. However, if friends or family members are included in meetings we need to discuss waiver of confidentiality and attorney-client privilege, unless the person is necessary to the representation. Use the ABA’s pamphlet – Why Am I Left In the Waiting Room – the 4 C’s of Elder Law Ethics to discuss these issues with the client and third parties.

·  It is important to be attuned to any indication that a person may be being unduly influenced. You can read more about undue influence by reading the “Recommended Practices for Wills Practitioners Relating to Potential Undue Influence” guide published by the British Columbia Law Institute. Keep the practices and red flags checklists handy.

·  Think about whether certain times of day are better when scheduling appointments. For example, some people with dementia experience “sundowning,” a phenomenon which results in greater disorientation or confusion later in the day. In these cases, late afternoon or early evening appointments should be avoided.

·  Develop ongoing relationship with capacity assessment specialists

·  Be familiar with legal tests of capacity for common legal transactions

·  Understand incapacity provisions of the Rules of Professional Conduct

·  Review American Bar Associations Handbook for Lawyers – Assessment of Older Adult With Diminish Capacity and the capacity assessment worksheet; use as framework

Other Communication Tips

·  Remember to make eye contact. If you are making notes, take a break and make sure to look at the person.

·  A person’s ability to understand body language is often maintained for a long time along the dementia journey. Take note of your body language and tone of voice. Watch your gestures, facial expressions and posture, and keep positive.

·  If possible, sit beside the person rather than behind a desk to make her feel more comfortable.

·  It may be necessary to remind someone to put on their glasses or turn on their hearing aid, but do not assume that every person with dementia has a visual or hearing impairment.

·  Always speak to the person with dignity and respect.

·  Avoid using “elder-speak” or baby talk (for example, “sweetie” or “dear”).

·  Never speak about the person as if they are not there.

Firm Wide Practices

·  Everyone in our firm has a role to play in contributing to a dementia-friendly environment. We want to ensure that all staff know how to recognize dementia and communicate appropriately. This is key to creating a workplace that is supportive and inclusive of people with dementia.

One person at our firm will be designated the “go-to” person about dementia. They will review the American Bar Associations Handbook for Lawyers – Assessment of Older Adult With Diminish Capacityand the ABA's best practices.They will check with the local branch of the Alzheimer’s Society for any educational materials or opportunities such as the Canadian publication Making Your Workplace Dementia Friendly – Information for Legal Professionals from which this policy was adapted. They will mentor