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TRIBUNALS & COURTS

Matters heard in a Court of Law on Guardianship Matters..

At present in Australia, matters are heard in Tribunals and the following issues are a concern:

Not a Court of Law

No oath swearing

No Judge

No Jury

Tribunals are not bound by the rules of evidence

Tribunals can determine matters as they see fit

Not the role of the Tribunals to determine the truth

Allegations untested

Cannot appeal on Facts or Evidence

Can only appeal on Question of Law

28 Days to appeal on Questions of Law

Victim is a Protected Person which

Victims and Families have complained about being bullied in mediation sessions and hearings

Natural Justice exists in legislation but not in practice

Transcripts often not recorded or kept at present.

Guardianship Matters Video Taped and on file for 7 years to all parties

Administration of Justice Offences be deemed Criminal in Guardianship Matters

Victims & Families have the right to representation

Mediation should not be conducted in secrecy

VULNERABLE INVESTIGATIONS UNIT ( VIU )

Creation at a Federal level of VIU to Investigate abuse, exploitation and neglect of Vulnerable Australians

VIU Investigation Powers to include ANYONE suspected of Vulnerable Abuse

Vulnerable Investigation Unit to prepare Investigation Reports for Courts...

VIU follow principles of Procedural Fairess and Natural Justice in Investigations & Reporting

When a vulnerable person Capacity is in question, VIU must select two Neuropsychiatrist of reputable standing to assess the Vulnerable Person..

FAMILIES/ SUPPORT /CARERS

Family, Next of Kin or Support Person should have the natural right to be the Guardians & Administrator of a loved one. Guardianship & Administration to anyone else should be a last resort.

Family Conflict should not be used as an excuse to remove trust worthy next of kin from becoming Guardian & Adminsitrator.

POWERS OF ATTORNEY & WILLS & HEALTH CARE DIRECTIVES

URGENT: Signing of Powers of Attorney & Wills & Health Care Directives to be Banned in Vulnerable Settings & Institutions

URGENT: Guardians & Public Trustees & Government Employees BANNED from preparing Powers of Attorney & Wills & Health Care Directives for Vulnerable Australians

Powers of Attorney & Wills & Health Care Directives prepared when a person had capacity, to be non revocable unless...

Powers of Attorney & Wills & Health Care Directives non revocable once Capacity is in question...

It should be Illegal for Powers of Attorney to be prepared without next of kin or Defacto being notified.

Symptoms of Illnesses should NOT be used as a reason to revoke valid Powers of Attorney & Wills & Health care Directives

Witnesses signing Powers of Attorney & Wills & Health Care Directives need to be examined

GUARDIANS & PUBLIC TRUSTEES & ALTERNATIVES

Closure of Public Trustees Nationwide

There are more viable options for the vulnerable and their families. Family, if possible, should always be allowed to take charge of their own affairs. In cases where this is not possible, then 20+ Law / Accounting Firms should be on offer to families to select who they wish to look after the financial affairs.

These institutions should work with the vulnerable person and their families. Families should not be removed from decision making.

Guardianship by State Authority as a LAST Resort when every other option has been exercised

Until Public Trustees Statewide are closed, their role should be restricted and employees prevented from dealing with Vulnerable Persons.

Separate Federal Vulnerable Investigation Unit (VIU) established to examine Elder Abuse and 'issues' affecting Vulnerable Australians.

Guardians & Administrators to refer matters for investigation to Vulnerable Investigative Unit

Administrators should not be allowed to use funds of the represented person for any matters other than for their personal and financial care

Administrators should only be allowed to charge fees on services provided. Fees should be open to a full audit.

CAPACITY

Every individual should be assumed to have Capacity unless there is some evidence to suggest otherwise.

Nationally Recognised Standard of Assessing Capacity.

We need to address protecting vulnerable individuals who have capacity but still open to abuse, exploitation and neglect.

In cases of questionable Capacity, two Neuropsychiatrists specialising in the illness at hand to determine Capacity

Capacity to be Assessed by relevant Neurologist, Psychiatrist or Neuropsychiatrist only

Medical Capacity to be determined by Medical Professionals qualified to assess Capacity and not the Law Institute or its Members nor Psychologists

Capacity Testing should be extensive and address each cognitive domain and ramifications in decision making

Decision Making testing should address : Memory Impairments (not retaining only); weighing up risk and consequences; understanding information and communicating decisions

Mini Mental Tests to be BANNED as an indicator of Capacity

The argument "Capacity is Fluid" to be banned as a plausible excuse in assuming functioning Capacity.

Physical Capacity as an indicator of mental capacity and reasoning to be deemed non applicable

GUARDIANSHIP & ADMINISTRATION ORDERS

Guardianship & Administration by State Authority / Administrators as a LAST Resort

Powers of Attorney & Wills & Health Care Directives prepared when one had capacity to be non revocable unless...

Court to accept only Capacity Reports following Nationally Accredited Capacity Guidelines

Guardianship Matters to be Heard in a Court where Natural Justice Principles & Appeal process apply

MEDICAL PERSONNEL

General Practioners and Geriatricians not to be allowed to determine Capacity. Only to refer patients to Neurologists, Psychiatrist or Neuropsychiatrists.

Doctors should be assessed for Professional Misconduct if making false and misleading allegations.

Complaints against Medical Practitioners regarding our Vulnerable should be investigated by the VIU with an appeal process in place

GENERAL

Vulnerable Abuse (exploitation, abuse & neglect) should be made a crime

Whistleblowers need to be protected and encouraged in all professions to stamp out corruption

LAW FIRMS & LAWYERS

Lawyers to be banned in preparation or revocation of POA & Wills & Health Care Directives if there is any question of a Capacity Issue at hand...

When the question of informed consent is an issue, the Law Firms representing the vulnerable person should accept the case on a Probono basis or on a No Win No Cost basis.

In the interest of Justice, a Lawyer is required to encouraged their client to undergo any testing to address the matters at hand as quickly as possible.

Lawyers Investigated by Police & Fraud Squad on issues relating to Vulnerable People.

Lawyers should be allowed to report fellow colleagues on suspected abuse on Vulnerable

Law Fims should NOT be involved in Doctor selection or have any links to organisations in determining the Capacity of a Vulnerable person.

Complaints against Law Firms / Lawyers regarding our Vulnerable should be investigated by the VIU with an appeal process in place

Reward needs to be removed to reduce Law Firms taking on cases that exploit our Vulnerable

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The material published on this website is intended for general information only and is not legal advice or other professional advice. Any opinions expressed in this material do not necessarily represent the views of AASGAA.

While care and consideration has been taken in the creation of the material on this website, we do not warrant, represent or guarantee that the material published on this website is in all respects accurate, complete and current. To the extent permitted by law, we exclude any liability, including any liability for negligence, for any loss or damage arising from reliance on material on this website.

AASGAA is not responsible for the content of any third-party website to which links are provided from this website. Any links to websites are provided for your information and convenience only.AASGAA does not endorse or control these websites and cannot guarantee that material on those sites is in all respects accurate, complete and current.