To understand how this system works, it helps to first understand the concerns behind it.

Many older people own significant assets, especially property, which may eventually be passed on to their families. Because of this, decisions about their finances and care can sometimes involve large amounts of money and competing interests.

Legal authority over a person’s life or finances can be granted through mechanisms such as Powers of Attorney or tribunal orders. These are intended to protect people who are no longer able to make decisions for themselves.

While many professionals act appropriately and in good faith, concerns have been raised that the level of authority involved in these roles, combined with financial interests and system complexity, may in some cases create opportunities for misuse, poor practice, or lack of oversight. These concerns often focus on issues such as how “capacity” is assessed, how decisions are reviewed, and how different parts of the system interact.

A key concern expressed is that once control is formally transferred, it can be difficult to reverse, even if family members disagree with the decision or the process used to reach it.

The following sections outline examples of practices that some families and advocacy groups report experiencing in guardianship, trustee, or service provision contexts

CONFLICT OF ANY SORT IS AN EXCUSE TO REVOKE VALID POWERS AND FOR AUTHORITIES TO STEP IN!!!

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ON YOUR OWN- NO SUPPORT

We see this often and in this case a the victim is easily taken by the system and usually locked away in care whilst his/her assets are stripped. As a guardian is placed over the victim, the victim is silenced. This is an awful situation to be in.

We suggest that people in this circumstance attempt to access outside help like from AASGAA via the internet if they can do so. The problem is this group of victims is often drugged up and silenced.

Jozef was one such victim who managed to escape to Poland.

https://au.news.yahoo.com/heartwarming-campaign-makes-war-veterans-final-wish-come-true-024615536.html

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DETERMINING CAPACITY & MEDICAL PROFESSIONALS

This is an important area that people often need to understand clearly.

There are concerns that assessments of a person’s decision-making ability (“capacity”) are not always carried out by the most appropriate specialists. In some cases, families believe that professionals without specific expertise in complex neurological or psychiatric conditions may still be giving formal opinions about whether a person has capacity.

Some families report situations where people who appear capable are assessed as lacking capacity, and in other cases where people who clearly struggle with decision-making are assessed as having capacity. This inconsistency is a key concern raised in these discussions.

From this perspective, the main issue is that capacity should focus on a person’s ability to make informed decisions, not just how they appear physically or how they behave in a general sense.

This includes their ability to:

* understand information
* weigh up options and consequences
* make reasoned judgments
* communicate a clear and consistent decision

Concerns are also raised that, at times, physical independence or surface-level observations may be mistaken for true decision-making ability. There are also claims that some assessments may rely on limited testing methods or be conducted by professionals who are not specialised in complex cognitive conditions, leading to disagreement over the accuracy of conclusions.

These concerns highlight the importance of careful, specialist assessment and clear distinction between physical functioning and cognitive decision-making capacity

PROFESSIONALS

The most common is to select their doctors and people that are not qualified to determine capacity. Only a NEUROLOGIST and PSYCHIATRIST can do this. We often see occupational therapist, psychologists, and teams of medical personnel all join in. They ARE NOT qualified to give an opinion and often they have links to state-funded or age care funded facilities.

Always seek a Second opinion from a neurologist & psychiatrist and ensure the professional is impartial.

TESTING (See Medical testing Area for more info on the actual tests)

Mini mental- Only good memory and orientation impairments, useless in acquired brain, behavioural illnesses and dementia. The players will often use this test in cases where the victim has a behavioural issue as the test does not assess for that.

FAB-Frontal assessment battery assess executive impairment. The cut off score is 12 and often we find this test is not done or is 'missing'. If it is missing, usually the loved one has failed (frontal lobe damage) and the results are hidden. This test is often hidden and in some cases, we have seen low results of 6 & 9 and a so-called professionals still sign off stating the impaired person can make reasoned decisions.

Physical examination- A physical examination is needed to rule out any physical impairment that may affect capacity.

Behavioural assessment- This is essential and often missed. Do not accept the opinion of anyone OTHER than an impartial psychiatrist / neurologist who should ask you and your close family for a full details history and long term core values of the victim as well as the changes observed.

Medication- A detailed list and the side effects are needed as often capacity assessments are affected by medication. Medication for bipolar or schizophrenia is often used on patients with dementia which is not only dangerous but affects the prefrontal cortex.

Neuropsycological report- This tests the whole brain and one can see which part is affected. The 6 cognitive domains are tested. The most important area for decision making is the frontal lobe area or executive functioning. You need answers on vulnerability, judgement, reasoning, and recall(which can lead to false memories). This report MUST be read by a neurologist / psychiatrist. Do not ask the psychologist. They are NOT medical doctors.

The family must be a part of the process. Family information and history of the person are vital in assessing correctly the type of illness a person has. Personality changes and strange behaviours CAN NOT be picked up in testing alone. Telling the neuropsychiatrist of real-life behavioural changes is essential.

Often heard is "capacity is fluid". This is a standard comment. What does it mean? It does not answer IQ, reasoning, judgement and

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PHYSICAL v's DECISION MAKING CAPACITY

Families have been confused often between physical and judgement. If you hear the following terms:

"XX can make an EPA"

"XX daily activities are not affected"

"XX can make a new will"

The so called professional is not referring to reasoning nor judgement but to physical actions. This is a common tactic used to justify the change of legal documents but the answers are addressing a physical action and not an action that tests reasoning, understanding, assessment of risk, vulnerability and judgement.

• Remember, the following must be answered:
• IQ or functioning age level of the person
• Level of understanding of the person
• Their ability to assess risk and consequences of their actions
• Vulnerability and impulsive behaviour
• Memory retain & RECALL is essential to address. Recall issues can lead to false memories and delusions.

Decision making:

1. Retain & RECALL Information (Scanning or retain information is not enough. Recall is vital as delusions & False memories show up in recall)
2. Understand information (IQ and abstract reasoning skills)
3. Vulnerability, assessing risk and consequences. Weighing up decisions and alternatives
4. Communicating decisions

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REVOKING CURRENT POWERS OF ATTORNEY AND/OR SIGNING UP VULNERABLE TO NEW POWERS OF ATTORNEY & WILLS TO THEIR ORGANISATIONS

A common tactic we see is vulnerable victims signed up BEFORE they have been properly assessed to have lost the informed capacity to consent to procedures and financial documents. Once these individuals are signed up to the State or other Individuals, the only route families have is to go into a tribunals and unless the family is united, the victim will often become a ward of the State and subject to public guardians and trustees.

When the victim has existing Powers of Attorney, then it is a little harder. The trick is then for the predators to find "professionals' who will give a professional opinion the victim has capacity.. capacity to sign legal documents. Once this is achieved, we have seen approx a few months later sign the victim is signed to new documents.

We have victims and families of victims experience the horror of social workers signing victims in vulnerable settings, usually hospitals. A trustee official and social worker(or other) will sign a person even if semi-conscious. This is how easy it is and often even if the carer or family complains, the tribunals officially do not revoke the orders. Families are often left in a weaker position and cannot fight these institutions who then use the victim's money to fight the victim and the family.

Once they have the victim's signature, the predators are in control and use the estate/victims' money to fight off anyone(including the victim).

Here you need TRUSTED legal eagles to help you.

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"RIGHTS" CARD & SUPPORTED DECISION MAKING

This tactic is often used when the loved one has an illness of a behavioural nature and the family is finding it difficult to deal with these symptoms of the illness. It is not uncommon for victims of huntington's, frontotemporal dementia, acquired brain injury, strokes, parkinson's, mental illnesses such as schizophrenia and bipolar to suffer from disinhibition and behave aggressively and generally lose reasoning.

In such cases, it is easier to disempower the family under the guise that this victim has 'rights. What you need to do in these cases is find a neuropsychiatrist who specialises in these illnesses and argues that these symptoms are part of the illness and therefore are NOT a reason to remove the family/carer as a guardian. In fact, it cements existing wills and powers of attorney.

Supported decision making only works when reasoning is not impaired and the individual requires some support in a physical capacity or to express in some way their wishes. It is next to useless when behavioural symptoms are involved.

If the system is successful in using this tactic, often the victim isolates themselves from support or is encouraged to and then a few months later the public guardians or others apply for guardianship/administration and the victim loses touch with the family/carers.

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"UNDUE INFLUENCE"

The most common tactic to use against families. The victim in these cases usually has no issue with family members or one family member. By using this tactic, the 'system' needs to isolate the victim quickly and then slowly disempower the victim from the family. The argument often used is that the victim 'loves' the family member or support person because they have been unduly influenced. Evidence is usually non-existent or fabricated.

Once the victim is captured by the system, elder abuse tactics are usually used to wean the victim from the family. Isolation allows the predators to 'work' on the victim. Eventually, the victim is weaned off the family & friends and under the complete power of the 'player' targeting them.

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"ELDER ABUSE"

The most common tactic is to call family members elder abusers and abusers. Most of the time there is no evidence or minor issues blown out of proportion. We have seen gifts some decades back being used as a sign of elder abuse. Nothing is off-limits to discredit the family or support persons. The system has even used guilt tactics of inheritance to their advantage( never feel guilty about being a beneficiary). The main one is isolation. Once they isolate the victim, the tactics the predators use are designed to influence their thought process. Like a cult. Cult tactics are used on vulnerable people.

ISOLATION is the main tactic. Remember once the person is isolated and information is kept from them, it is easy to manipulate them and control them.

Following tactics elder abuse tactics against family/friends:

• • • 1. Isolate you from loved
    • 2. Create a "siege" mentality
    • 3. Make the vulnerable person feel powerless
    • 4. Make the vulnerable person dependant
    • 5. Keep the siege mentality going
    • 6. Keep the truth away from the victim

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GAGGING

Families are gagged in many ways. The reason often used is to 'protect the victim'. More often than not it is to stop the truth from being exposed. Tactics used are the following:

• Victim silenced by tribunal orders once classified as 'protected';
• Family silenced by tribunal orders once classified as 'protected';
• Media receive advertising revenue and as such are usually silenced. In addition, media are silenced by 'privacy' laws;
• Stalking charged or other allegations to stop family from contacting / speaking about the victim;
• "Using a carriage to menace" - If you print on Twitter, Facebook or use the Phone or other such devices, the police can use this old piece of legislation to charge the victim or family and silence them on social media;
• Fixated persons- There is a fixated persons unit in most states. This legislation is quite dangerous because if the State and their medical team believes a person is 'fixated' , then they actually can be institutionalised.
• In some States like South Australia, victims are prevented from even naming the State.

No one can stop you telling the story from a third party perspective (i.e "I know a friend who went through this"). If you don't name names and connections, no one can stop you talking as long as you don't identify the victim and in some cases, the State the protected person lives in.

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SOCIAL WORKER/LAWYER INTERVENTION MODEL

If you do not believe this is occurring, then you need to look at this link. We are seeing family & support stripped away from traditional settings to institutions. Note no FAMILY nor SUPPORT people in the triangle?

https://caxton.org.au/a-detailed-look-at-the-social-worker-lawyer-intervention-model-for-elder-abuse/

(See Picture after "Other Tactics")

THE PREDATORS: FINANCIALLY, LEGALLY, EMOTIONALLY, PHYSICALLY EXHAUST YOU...UNTIL YOU GIVE UP OR THEY BANKRUPT YOU!

OTHER TACTICS:

• Isolation-physical and mental (i.e Look at elder abuse tactics below)
• Choosing medical professionals that will side with service providers(as listed above in "capacity" section)
• Often do a 'deal' with another family member and recommend this person seek guardianship over honest members
• Do deals with other interested parties and sell real estate without going to auction/ way under fair value
• They will often talk privately to your own legal counsel to ensure a suitable 'outcome'
• Creating conflicts in the family
• Side with an abuser or people creating the issues
• Outright lie
• Sign up vulnerable person to new Wills & Powers of Attorney to their organisation
• Slander or report you to other organisations
• Cherry pick facts & evidence
• Vexatious untested allegations
• No investigation into allegations
• Change doctors
• Change lawyers
• Ignore verifiable facts & evidence presented
• Hide evidence
• Hide reports
• Destroy evidence
• Missing transcripts
• Last minute submissions so the chance of reply is removed
• Select aged care facilities away from family & friends
• Change mail address
• Not notified hearing dates
• Delay assessments & hearings. Keep you in the tribunal and avoid appeals to Supreme Court
• Exhaust you Legally, Mentally, Physically, Financially
• Deny you representation
• Speak to the vulnerable person alone
• Use symptoms of dementia (esp Behavioural Behaviours)
• Psychological tactics:
  • • Bullying tactics
    • Authority bias (i.e
    • Intimidation tactics
    • Grooming tactics
    • Love bombing tactics(i.e
    • Befriending the victim
    • Guilt in inheritance
• Use Elder abuse tactics against family/friends:
  • • 1. Isolate you from loved
    • 2. Create a "siege" mentality
    • 3. Make the vulnerable person feel powerless
    • 4. Make the vulnerable person dependant
    • 5. Keep the siege mentality going
    • 6. Keep the truth away from the victim