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The Adult Guardian

Julia

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I'm not sure whether most people here will even be aware that such a government entity exists?
The Adult Guardian is supposed to exist to look after the welfare of any person who is without a family member or someone to whom they have appointed Enduring Power of Attorney.
As such, we would assume that they would without question act in the best interests of that person.
This is an account of a real situation which has occurred over the last couple of years which I happen to know about because a family member is involved. I'll call her Susan.

Susan came out of a shopping centre in Sydney about two years ago and noticed a woman using a walker trying to call a taxi. She asked what direction the woman (call her Mary) was going, and offered to drive her home.

She discovered that Mary lived alone in a rented apartment with her much loved cat. When Susan asked if Mary had any family she was told, yes, one brother, but they had been estranged for many years.
So Susan, feeling concerned for the apparent aloneness and frailty of Mary, called in when she could, did small errands for Mary, drove her to doctor's appointments etc.

She discovered that Mary was under the care of the Adult Guardian. This had been instituted many years earlier when Mary was assaulted. She duly recovered and asked to have her independence restored, but this was refused.

The AG outsource case management to the private sector, and Mary was allocated a case worker who interviewed her once, said she would set up household help, a medi-alert alarm and anything else that she considered necessary. Mary would have to pay for this, plus the fee charged by the case worker's agency.
At that stage, Mary had over $400,000 in savings, and what she wanted was not to be 'managed' by anyone, and to be able to choose the services herself which she paid for. She was again turned down.

So over about 18 months, substantial amounts were simply taken from her bank to pay for services that were incompetent. The flat was not cleaned properly, her medi-alert alarm didn't function, but the thousands continued to go to the case worker who had never even seen her after that initial interview.

Susan arrived one day about three months ago to find Mary on the floor where she had been for many hours, having had a fall and broken a hip. She was duly taken to hospital and treated. Whilst there the AG - with no consultation or discussion with her - informed her that she would not be going home. She would instead be going to a nursing home. Mary is only 63. Her cat had already been taken to the RSPCA.
She remained in hospital for about eight weeks, during which time the rent for her apartment, the case worker's fees, and all the subsidiary services like the non-functional medi alert device continued to be paid out of her bank account. She asked for this to be ended and was fobbed off with, oh yes we're about to do that.

Eventually a nursing home place is found and she, protesting strongly, is put there. No chance to go back to her home - for which she was still paying - to get any personal things and very upset about her cat.
So she said to one of the staff "I'd rather be dead than be in here". That was all it took for them to call in the psychiatrist who charted her as having 'suicidal ideation', and she was sectioned and taken to a secure ward in the psych department of a Sydney hospital.

By this time, she was extremely upset, angry, protesting about her rights being trampled on, so was held down by four staff members and injected very much against her will with a depot preparation of an antipsychotic drug.
This will remain in her system for some months. It renders people flatly compliant, devoid of expression, usually causes massive weight gain and carries the risk of a particularly dreadful side effect, tardive dyskinesia, an irreversible disorder where various parts of the face or limbs engage in ceaseless movement.

And there she remains. Susan has spoken with the staff who have been polite to her but implacable.
As she doesn't have Enduring POA, there's nothing she can do. Meantime, the case worker fees continue to be milked from Mary's account and there is nothing she can do about it.

So, forgive me if I'm a lot more concerned about the rights of vulnerable people like Mary than any measures our intelligence agencies might wish to take that they consider will assist them to keep Australia safe.
 
So, forgive me if I'm a lot more concerned about the rights of vulnerable people like Mary than any measures our intelligence agencies might wish to take that they consider will assist them to keep Australia safe.

Well, it's a horrible case, but your principle seems to be "I'm more concerned about murder, so I'll ignore rape".

Your case is a timely warning of the dangers of governments having too much power. See the association ?
 
Sounds like a story for ACA or T2T to give the Govt departments a black eye and sort things out. These kinds of issues generally come about because the circumstances are rare and no one has had experience with them.

Possibly a talk with some free legal aid might also provide a range of options to get things sorted out.
 
Well, it's a horrible case, but your principle seems to be "I'm more concerned about murder, so I'll ignore rape".

The two situations are entirely different and can't be lumped together as one.
No one is trying to lump them together. Don't be silly. If I'd been going to do that I'd have put the anecdote up on the terrorism thread.

I'm not ignoring anything. As I've already explained, I simply do not feel threatened by what the government wants to do. If you do, that's up to you. You have already got a thread to discuss it. I'd appreciate your not sabotaging this one which I've put up as a frightening possibility for anyone who does not have a family to advocate for them.

If I were to conflate it with anything, it would be that of the supposed role of a financial adviser who similarly is presumed to be acting in your best interest, whilst milking you of massive fees.
 
Sounds like a story for ACA or T2T to give the Govt departments a black eye and sort things out. These kinds of issues generally come about because the circumstances are rare and no one has had experience with them.

Possibly a talk with some free legal aid might also provide a range of options to get things sorted out.
Both good suggestions, syd, thanks. We have approached a well known journalist to see if she is interested in looking at the whole role of the AG.
 
I'm not ignoring anything. As I've already explained, I simply do not feel threatened by what the government wants to do.

Julia, I may be in the wrong thread, but the Adult Guardian is a GOVERNMENT AGENCY, just like the Intelligence services. Both of these agencies say they act in the public interest. How on earth can we trust the Intelligence Agencies when other government agencies like the Adult Guardian rip helpless people off ?

As for your feelings on the A.G. , thank you for bringing it to our attention. As you intimated I did not even know this agency existed and the abuse of power shown by it should be widely circulated.

As syd suggested, writing to a Current Affairs show like ACA , 7:30 report or Four Corners may well stir up some interest. I hope so, and it shows the dangers of trusting governments to do the right thing.
 
As syd suggested, writing to a Current Affairs show like ACA , 7:30 report or Four Corners may well stir up some interest. I hope so, and it shows the dangers of trusting governments to do the right thing.

Especially when no one really knows what's going wrong and the activities occur with little to no public scrutiny or accountability, and by the sounds of it once you are under the wing of the AG there is little to no legal recourse you can take.
 
I feel for you and your family, can't be easy for those involved. Thank you for bringing this to the fore Julia. Surely a most disgusting state of affairs. How in the hell can AG get away with this violation of a person's rights and liberties is beyond me. Well no, not really.

I too was once naive and thought govts. had my best interests at heart. Many long years ago that bubble was firmly burst and now, I'm even more distrustful of our authorities looking out for best interests. Justifiably so it seems.

How did this AG come into existence anyway? No answer required, I'll research it for myself.

From here: http://www.justice.qld.gov.au/justi...hip/adult-guardian/role-of-the-adult-guardian
Role of the Adult Guardian

The Office of the Adult Guardian is an independent body, working to protect the rights and interests of adults who have an impaired capacity to make their own decisions.

We strive to ensure that everyone is treated equally, regardless of their state of mind or health.

Headed by a person appointed by the Governor in Council as the state’s official Adult Guardian, we exercise the Adult Guardian’s powers and functions independent of government and non-government organisations.

While independent of the government of the day, the Office of the Adult Guardian is accountable to the people of Queensland by reporting to Parliament through the Minister for Justice and Attorney-General.

Our charter is to:

Make personal and health decisions for adults with impaired capacity if we are their guardian or attorney
Investigate allegations of abuse, neglect or exploitation of adults with impaired capacity
Advocate and mediate for people with impaired capacity, and educate the public on the guardianship system.

In Mary's case, clearly in violation of their own charter it would seem.

I would assume you are aware of this?
http://www.justice.qld.gov.au/justi...rdian/reporting-matters-to-the-adult-guardian

Reporting abuse to the Adult Guardian

A person being harmed may not be able to report it, or be in a position to report it. If you think someone is being abused, report it immediately. You can contact us directly with your concerns.

You should also raise your concerns with any agencies involved with the adult’s care so that they can also take appropriate action.

There may be some complaints which we can not investigate, for example, if the person does not have impaired capacity or if there is another more appropriate body to investigate the allegation. In many cases, we make referrals to other agencies.

Ring the police on triple zero (000) if you think someone is in imminent danger of harm.

A complaint to us might reveal that an adult with impaired capacity doesn’t have adequate decision-making support in place. In these cases, one option might be for the adult to have a formal guardian appointed to make their personal decisions, or for an administrator to make financial decisions.

The Queensland Civil and Administrative Tribunal (QCAT) would determine this matter – not the Adult Guardian. For this to happen, an application has to be made to the Queensland Civil and Administrative Tribunal to determine the most appropriate person to make decisions for the adult.

This could be someone from the adult’s supportive network, such as a family member or a friend, or it could be the Adult Guardian (as last resort) if there is no one else suitable.
Whistleblower protection

Protection under the Public Interest Disclosure Act 2010 may be extended to someone who refers a case for investigation.

Accountability, where is it?
This blatant misuse/abuse of power and ripping money off (because they can) must be stopped. I really do hope that something can be done for Mary and that those responsible are taken to task and made to recompense.
Makes me wonder too, how many more are in Mary's boat? Scary thought eh!
 
Craton, thanks so much for all of that. There's much that I didn't include in the summary of what has happened with Mary, and I hear about it second hand from my cousin in Sydney (I'm in Qld). Just last night she told me that, via legal aid, (syd suggested this also ) Mary has a court hearing next week in the hope of getting out of the psychiatric hospital.

I know that in the past she has had a private lawyer, but he did nothing of any use and joined the ranks of those milking a large amount of fees from her.

As you say, and as was the purpose of my raising the issue, this situation is probably being repeated all over the country. I only know about this instance because my cousin was kind enough to take her home and then to show ongoing concern for her.

I have a now vague memory of, I think, Four Corners some years ago doing a program on this organisation. It was to do with a small group of people living in a group home. There had been physical and sexual abuse of them by a carer, and the program also disclosed some of the financial abuse.
(This now reminds me: one of the problems Mary encountered in the nursing home was being sexually molested by another resident. She, understandably, was very upset and made that known. It was only days after that that she was referred to the psychiatric institution. Seemed they wanted to be rid of her.)
 
She, understandably, was very upset and made that known. It was only days after that that she was referred to the psychiatric institution. Seemed they wanted to be rid of her.

Hence lies the solution I think.

Make as much noise as possible. Refer by name in the media to the institution she is being held in.

Roll up to the door and demand an interview with the person in charge, preferably followed by a tv cameraman, lawyer and journalist. Make it clear they will be on tv and in the papers whether they see you or not. Name the head of the psychiatric hospital personally in the media, including social media, Facebook and Twitter.

And btw, who is in charge of the Adult Guardian department or agency ? Name him or her in the media as well.

Once people can't hide behind institutions and their faces appear in public, their resolve usually crumbles very quickly.
 
Just one question Julia,

Could Mary get out of the clutches of the AG by giving a POA to Susan ?
 
One thought about how Mary might get free of this awful situation: before going to the tabloids, try her MP. This is the sort of issue that a good local member could sort out faster than anyone else, I think. And even a bad local member has an office with staff who might be able to help.

From Julia's original post it seems that the problem started with the case worker organisation, which might or not be a government department. Is that right Julia? The department's failure then is of supervision rather than actual practice. Doesn't matter as far as the effect on poor Mary, but might change the approach to getting her individual case fixed as well as to fixing the system.

Years ago I worked with a man who was desperately worried about how to set up financial arrangements for his son so that the Public Trustee (old title?) wouldn't be involved. The son had been permanently disabled at about age 23, and got a big payout. I've forgotten the details, but my colleague, who had come out of retirement to try and build up some more funds to cover legal as well as medical expenses, had story after story of mismanagement and inappropriate care.

In those days the department did the hands-on management. Outsourcing has been in part an attempt to fix those problems, but clearly it's not a panacea.

Julia, your cousin sounds like a top person.
 
Just one question Julia,

Could Mary get out of the clutches of the AG by giving a POA to Susan ?
I think that would have been possible some time ago, but not now, given - in order to justify the use of the antipsychotic drug - they have labelled her as psychotic.
We did discuss it at one stage, but Susan, despite her concern and sympathy for Mary, felt reluctant to take on such a responsibility even if it were possible. Susan is a teacher, is completing her Masters this year, and has two profoundly deaf teenage sons at home going through the usual teenage stuff, exacerbated by their disability. She has spent a huge amount of time and effort, much more than I've felt appropriate to describe here, trying to help, but always, I guess, she knows if it all becomes more than she can manage, then she can walk away.

One thought about how Mary might get free of this awful situation: before going to the tabloids, try her MP. This is the sort of issue that a good local member could sort out faster than anyone else, I think. And even a bad local member has an office with staff who might be able to help.
I belatedly had the same thought this morning, ghotib. The information Craton put up is also really worthwhile.

From Julia's original post it seems that the problem started with the case worker organisation, which might or not be a government department. Is that right Julia?
To be honest, I'm not entirely sure. The case worker organisation is not a government department. It's a private for profit company and on that basis I guess we can assume that's the reason they seem to have so horribly gouged fees from Mary.

The department's failure then is of supervision rather than actual practice. Doesn't matter as far as the effect on poor Mary, but might change the approach to getting her individual case fixed as well as to fixing the system.
Yes, good point. We will know more after the court hearing some time next week. I don't feel optimistic about that, however, as her medical records will show a diagnosis which justifies the numbing effect of the antipsychotic drug. Under its effects I expect her capacity to speak up articulately on her own behalf will be reduced.

Years ago I worked with a man who was desperately worried about how to set up financial arrangements for his son so that the Public Trustee (old title?) wouldn't be involved. The son had been permanently disabled at about age 23, and got a big payout. I've forgotten the details, but my colleague, who had come out of retirement to try and build up some more funds to cover legal as well as medical expenses, had story after story of mismanagement and inappropriate care.
Sadly, I'm not surprised.

Julia, your cousin sounds like a top person.
She is indeed.
I mentioned earlier that we have been in touch with a journalist, a Walkeley award winner. She is showing interest and making her own enquiries. Susan has reservations about this, worrying that if either the AG or the caseworker agency or even the hospital for that matter find out, there will be unpleasant repercussions for Mary.
 
Re Ghotib's suggestion to try local MP, I ran this by Susan on the phone late today. She says Mary already tried that a few years ago and there was minimal interest and no positive outcome.
No votes in it, I suppose.
 
Sadly, this is not an isolated affair. Only yesterday, I spoke to a friend, who is a writer. Her newest novel-in-progress includes a similar chain of events. With your permission, Julia, I'll print your initial report and pass it on. Of course, it probably won't be of much help to Mary anytime soon, but if the novel ever makes it to print, it will shine some extra light on the damage that comes when "Good Intentions" clash with "Profit Interest".

btw, Has anyone read Stieg Larsson's Millennium Trilogy? Lisbet Salander, "The Girl with the Dragon Tattoo", had been caught in AG's Swedish mirror organisation. Mary's case sounds like a sad example of real life mimicking fiction.
 
Hello pixel, will send you a PM. I have also been in touch with a writer (separate from the above mentioned journalist).
 
Copied from here as I feel its pertinent: https://www.aussiestockforums.com/forums/showthread.php?t=28796&page=4

Quote Originally Posted by Julia

The Advance Health Directive is known as a Living Will in some States, probably different names in most states.
AHD is the Qld version.
You do not need a solicitor. Go to the State Justice Department website. At least in Qld and presumably it will be similar elsewhere, there will be a choice which will include both Enduring Power of Attorney and AHD or its equivalent. Simply download the forms and complete. Make sure you use the Enduring POA, not the basic POA form which not appropriate. The AHD needs to be completed in conjunction with your doctor who attests to your capacity to make the decisions therein. Both documents need to be properly witnessed by a JP, solicitor or equivalent.
Imo everyone should have these documents.

I believe, also at least in Qld, you can buy the forms from a newsagent.

My bolds and absolutely agree 100% Julia.
I too highly recommend having one in place as it takes a lot of pressure off the family (and/or friends) should the worst occur.

In NSW its called Enduring Guardianship, http://www.publicguardian.lawlink.ns..._enduring.html

I was Enduring Guardian for my dearly departed and for my Dad, still am for my Mom.

Amongst other directives, should I become brain dead I don't want to be kept on life support so, the kids, jointly, are my Enduring Guardians. Set up via our lawyers.

Forgot to mention in my original post that also had and have Enduring POA for Mom and Dad.
 
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