STOP Guardianship & Public Trustee ABUSE of Elderly, Disabled & Vulnerable in Australia
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"While my Father was in Hospital, a Social Worker signed him up to a new Will and Powers of Attorney in favour of Public Trustees".....victim
"I cannot visit my Daughter without 'permission' from the Guardian".....victim
"The Guardian attempted to change Dad's Wills to the State Government before a Neuropsychiatric assessment".....victim
"The Public Trustees lost most of our Dad's life Savings in high risk investments".....victim
"The Guardian authorised the Hospital to remove my Dad's Catheter and he died the next day. I could not stop them".....victim
"The Tribunal REVOKED VALID Powers of Attorney and awarded Guardianship and Administration to the Public Guardians/Trustees".....victim
"My indigenous son was removed from my care by a Social Worker and placed into foster care".....victim
"The Public Guardians placed Dad into Aged Care against his wishes and then limited access to him".....victim
"I want to be my Brother's Guardian who has lost Capacity (mental illness) and the Public Guardian said NO he has Rights!".....victim
"I am under the Public Trustees & have a Public Guardian making decisions about my life...and I HAVE CAPACITY".....victim
These are just some of the horror stories we hear daily & the stories are growing. Families & Support people are being removed from the decision making process of their loved ones in favour of organisations (Government and Corporate) who are profiting from their care. Young, old, disabled, vulnerable, elderly and indigenous.
In other situations cases, victims HAVE capacity and are placed under Guardianship & Administration.
Other cases, the victim does lack Capacity and the Carers/ Support People are DENIED the right to look after their loved ones and protect them from abuse, exploitation & neglect. Often the State or other Organisations, through devious means, take over this role.
FOLLOW THE MONEY $$$$$$ - TRUSTEES & STATE GOVERNMENTS. Guardianship generates BILLIONS OF DOLLARS & IS A PROFITABLE VENTURE for Trustees & ALL State/Federal Governments.
The selling of PROPERTIES & ASSETS (that otherwise would stay in the family) generate BILLIONS for State & Federal Governments in Stamp Duties, Capital Gains Taxes, Management fees, Real Estate Agent & Law Firm fees. State Government Departments, community social services & legal roles have been created & empowered with the sourcing of new clients. Without new 'clients' being feed into the Guardianship system, these Departments (Tribunals, Guardians, Social Workers, Trustees etc) would cease to exist.
SAVINGS are also made by placing loved ones immediately into Aged Care reducing the burden on hospital admissions & eliminating Carers Pensions. e.g a Guardian can often have 50 people under their 'care'.
Management Fees & Investment Losses erode what monies are left in the Estate & once the victim passes the Estate usually has been depleted 'legally' through the process of fees & charges. Aged Care Facilities are also in competition with Carers & Families. Aged Care Facilities receive hundreds of thousands of dollars in Bond Fees, Federal funding & at least 85% of the victim’s income. The 15% left for the patients personal care is often retained by the Nursing Home or Public Trustees.
Vulnerable Individuals are being signed up to new Wills & Powers of Attorney by Professionals & Organisations in vulnerable settings every day of the week throughout Australia.
Hospital Staff often conflict with Families about care of their loved ones & it is not uncommon for a Guardianship Application to be instigated to remove Family/Carers from the decision making process altogether.
Guardians (OPA/OPG), Trustees, neighbours, strangers, social workers, aged care facilities & estranged relatives are all applying for Guardianship legally via a Tribunal / Court hearing. Families or Support People are left helpless whilst decision making is removed from them at a time when their loved ones would expect them to step in to assist.
Lawyers have been caught signing up diagnosed Dementia Patients to new Legal Documents (including Wills & Powers of Attorney).
- Mini mental tests (which do NOT assess Capacity) are being used instead of FULL Neuropsychiatric Assessments.
- General Practitioners & Geriatricians are being replaced to assess Capacity instead of Neurologists / Psychiatrists who are actually qualified to make a correct diagnosis.
- False & fabricated allegations of undue influence, theft, neglect or family conflict are unlawfully used to remove loved ones from family / support persons.
- The Funds of the victim are often used against them when the victim dares to challenge a Guardianship Order.
- The worst stories we hear are when families are removed as carers because of the symptoms of Dementia or mental illness. Public Trustees/Guardians have successfully used these symptoms to revoke existing valid Powers of Attorney.
EXISTING POWERS OF ATTORNEY & TRIBUNALS
Valid Powers of Attorney will not protect you. Often these are revoked in a Tribunal (even when one has lost capacity) & the victim awarded to the Public Guardians / Trustees.
Many a victim is horrified to discover their long term core wishes (funeral, burial, cultural & religious) are ignored by Tribunal Members.
Tribunals are NOT a court. No oath is sworn, there is no Jury, no Judge & matters are often hear by a Lawyer. Tribunals are NOT bound by the Rules of Evidence & the Members can determine matters as he or she sees fit. Victims, families & carers only have 28 days to appeal a decision & can only appeal on a Question of Law not on FACTS or errors of fact.
It is not the function of the Tribunal to determine the truth nor investigate any allegations made. No one is charged for perjury & false allegations are not subject to defamation proceedings.
Victims of Guardianship orders often have their own money used against them when attempting to revoke orders. Families or Support Persons feel like the process is akin to applying for a job interview.
This system is clearly unaccountable & open to abuse of power, despotism & corruption.
Elder Abuse is the new tool to REMOVE ALL FAMILY MEMBERS in favour of Government Departments & other Organisations.
Many AASGAA members have attempted to report Elder Abusers to authorities & Tribunals only to find they TOO ARE REMOVED in favour of the Public Guardians & Trustees.
WHAT THE GOVERNMENT IS NOT TELLING YOU: THE SOLUTION TO ELDER ABUSE IS OFTEN THEMSELVES TAKING OVER YOUR LOVED ONES AFFAIRS!
We have even discovered a Social Worker / Lawyer intervention model clearly demonstrating the two Professions working hand in hand.
Fraudulent Guardianship is MEDICAL KIDNAPPING, HUMAN TRAFFICKING & THE STEALING OF ASSETS.
NO ONE IS SAFE.
1. We need laws URGENTLY to empower Trusted Family, Carers or Support People to be legally allowed step in & look after their loved ones in their twilight years when they become vulnerable, in need of assistance or lacking in capacity. State and associated entities should be THE last option. Presently a stranger can take over a loved ones affairs when they become vulnerable or when they lose Capacity.
2. All Guardianship & Trustee matters must be heard in a Court of Law (e.g Magistrate/County/Supreme) New legislation must be immediately introduced to ensure all Guardianship matters are now properly conducted in a Court of Law following the principals of Natural Justice.
3. Capacity Assessments to be determined by Neurologists & Psychiatrists. Mini mental tests do not assess the full functionality of an individual. These Capacity Assessments are not to be conducted when the patient is ill, under excessive medication or by community health providers. Capacity Assessments are IMPORTANT as many victims under Guardianship do have capacity to manage their own affairs.
4. Wills & Powers of Attorney are not to be prepared and signed in vulnerable settings (this includes Hospitals, Nursing Homes, Respite, Rehabilitation and other similar settings). Social Workers, Community Service Providers, Nurses, Doctors, Charity Workers, Trustees and Carers are just an example of people who should be prohibited from signing, preparing and witnessing such documents in vulnerable settings.
5. Symptoms of Dementia, other illnesses & false allegations should not be used to remove trusted support and existing Powers of Attorney. Verifiable evidence of an Attorney abusing their role should be the only reason Attorney's are removed. Conflict in the Family should not be used as a reason to remove trusted family members caring for their loved ones either.
Every year thousands of Australians lose their basic human rights to the Guardianship System.
AASGAA are not against Guardianship & Administration. In some cases it is necessary for an independent person to step in and assist the family and Carers in order to protect a loved one from abuse, exploitation & neglect. Guardianship can provide this support. When unlawfully implemented, this is a violation of Human Rights.
Australia has an ageing & vulnerable population which is being targeted by State Governments and Organisations to remove Families / Carers / Support people from their lives and important decision making. Once Carers and Support People are removed, Organisations are colluding and stripping ordinary Australians and their families of their assets, isolating them from loved ones and eventually placing them in Institutional Facilities, often against their wishes.
The Australian Government (State & Federal) needs to take action!
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