WHAT IS GUARDIANSHIP IN AUSTRALIA
Australian guardianship law is the regulatory mechanism for protecting the health of young persons, adults with disabilities and the elderly.
Australia has eight different guardianship regimes, which vary widely in their forms of regulation.
As many of AASGAA Members have experienced, it is a system that is often complex, inconsistent and many complain of abuse of power, kidnapping, fraud and outright theft.
Victims have witnessed their or their loved ones decision making (Personal & Financial) taken away from them and often to a Stranger and more often to Institutions who profit from handling their loved ones affairs via fees and charges.
AASGAA is NOT against Guardianship & Administration. Guardianship & Administration is essential when a loved one lacks capacity to make reasoned decisions about their personal and financial care. We understand that sometimes the person is in need of care and lacks insight into their illness or is a victim of undue influence.
In some cases it is essential an independent person step in BUT this action should only be acceptable as a LAST resort and when all viable less restrictive options have been exhausted and no trusted Family Member or Carer is available.
This is not what is occurring in practice. Family and / or Support People are being removed as Carers. Trivial matters and, in many cases we have sighted, untested allegations are being accepted as fact. Verifiable evidence submitted ignored. Long term core wishes and Powers of Attorney are often revoked.
More concerning, is the new trend of accepting the wishes of a person who has already been legally deemed to lack decision making capacity (under the guise of 'Rights').
This is a dangerous new situation as it is well known vulnerable and impaired people can easily be groomed or manipulated into decisions that are not in their best interests. Many victims of Elder Abuse do NOT even realise they are victims, often turning on concerned family and friends.
The worst situations involve conflicts between siblings due to one of the siblings or family members exploiting their loved one and the other family members attempting to stop the abuse.
In such cases, often ALL FAMILY are removed and a Public Guardian is appointed and Public Trustee, even though there still exists a trusted family member who can step in and look after the vulnerable person.
Allegations often unfounded and untested are being used against innocent victims and their families and many have witnessed collusive behaviours between various professional organisations such as Social Workers, Trustees, Guardians, Aged Care Facilities and some Law Firms.
What we are witnessing more than often is how vulnerable adults in vulnerable settings are being signed to 'NEW' Powers of Attorneys and Wills , even AFTER a victim has been deemed to have lost capacity or reasoning.
AASGAA is a growing formal organisation that intends to break the dangerous Guardianship Model that is not, we feel, in the interest of our loved ones and one day, ourselves.
No trustworthy Family Member or Support Person willing to look after a loved one should be denied the right to care for a loved one on personal and financial matters.
Many cases involve serious breaches of one's Human Rights and/or the Right to be protected from abuse , exploitation and neglect when vulnerable and in urgent need of protection.
Other examples show suspicious and, what we believe, actions of obtaining financial and property by deception. The evidence we have at hand indicates many of such actions have been ignored during Tribunal hearings.
Our most vulnerable and their families deserve better.
Please Note: some sections are still under construction and will be available shortly
Why is this happening? Follow the money. State & Federal Governments usually seize clients that have money. Assets are acquired and usually sold. The financial gains are endless:
Stamp Duties, Percentage sales on sale of assets, Percentage sales on managing income, Management fees on managing funds, Capital Gains Taxes, Legal fees on managing estates, Conveyancing Fees, Deceased estate fees, Taxation fees, Trust fees, Accounting fees, elimination of carers pension for each person allotted to a Guardian, reduction in Hospital admissions as victim usually placed into care, funding income generated by State from Federal Government for the care of an individual, Investment income investing funds, creation of jobs etc etc
Monies are often invested in Limited Companies who's financials are not disclosed to the Public. The financial statements of the Trustees disclosed are the OPERATING REVENUE and EXPENSES of the business of running the Trustees..not the Investments.
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HOW THE GUARDIANSHIP SYSTEM WORKS...THE $$$...THE PLAYERS
ASSETS UNDER MANAGEMENT 2017/18 BY THE INDIVIDUAL STATE GOVERNMENTS
CLIENTS UNDER ADMINISTRATION 2017/18 BY THE INDIVIDUAL STATE GOVERNMENTS
AUSTRALIAN MEDIA STORIES
In the Guardianship game, no two concepts are more important than Medical and Legal Capacity. A mini mental test does NOT assess capacity yet it is often used. Mini mental tests are great assessing orientation and limited knowledge but it does not assess personality and behavioural changes for instance.
Only a Neurologist and Psychiatrist can legally assess Capacity. Everyone else is offering an opinion. An opinion that could cost you or your loved one THOUSANDS and even one's life. It is important that Memory Impairments (recall & retain), IQ level, the ability to understand and weigh up risk & consequences are answered. A specialist must also address the 6 Neurocognitive domains and Executive Impairment.