Imagine a stranger, appointed by the State, takes over the decision-making rights of your disabled child.

That is, you as a parent have been completely removed from your child’s life, at a time when you, as a parent, need to make life-changing decisions about your child, your flesh and blood.

What would you do? How would you react? Whom would you see? Where would you go for help?

In Australia, every week AASGAA deals with and responds to similar calls. Families grappling with the monster known as the guardianship system(often NDIS and Trustees not far behind) and new parents, victims of this snatch and grab, unaware they are just another notch on the bedpost of the State’s growing human trafficking ring.

No one is safe, age is irrelevant. Even having legal capacity seems to be irrelevant, once targeted.

How can you explain such evil to new victims when even individuals caught up in the horror of the guardianship system, find it all so incredulous?

We hear the disbelief in victims' voices often: ‘this is a mistake’ or ‘once I speak to XX, the decision will be overturned’.

It is not a mistake and everyone involved in this horror called guardianship knows full well that escape is virtually impossible. The system is not designed to allow unsuspecting new victims the ease of escape. There is logic in the State’s madness: capture the assets and income if there are any, and control State costs. Control a vulnerable person taping into free State resources such as hospital, justice, and housing costs to name a few. If possible, also redirect some of the federal funding(NDIS and federal pensions) to the bankrupt State.

Think the State cares? It's not uncommon to find the homeless living under bridges or dilapidated buildings under the Public Trustee or Public Guardian. No one cares about them. It was not created to care nor to protect. That is just the propaganda campaign sold to the naïve public who still believe that a magic wand exists to protect our most vulnerable.

Facts don’t lie. Neither do actions. Words just muddy the already dark waters.

So-called ‘tribunal hearings,’ or “Kafka trials” have not developed by accident. They have been created by the legislative powers that be, to bypass court rules and facts/evidence and to hinder access to justice at every turn. This is not a figment of AASGAA's imagination, speak to anyone who has attended a hearing and see what really happens in these secretive trials that seem to lack the true transparency of court procedures and outcomes. Trials that seem only fitting in an Eastern European bloc country.

Given all roads lead to the State and knowing that the State has full control of the legislative process and Acts created and every word and definition, in these Acts, you start to see guardianship entrapment is no accident!

Appealing horrid decisions can see you running around in circles for years, letters of 'nothing to see here' (ie go away) the only response. Time against you, your health, and that of your child, diminishing by the day. Again, all by design.

Many have suicided in the process; others simply give up, and most accept their miserable fate.

All part of the long game.

Legislative changes focusing on the rights to protect(yes guardianship and administration are needed in many cases to protect our vulnerable) and enforcing trusted supports and families as a first choice and the State as the last, very last, default option is needed yesterday. The State should never intervene when conflicts within families exist nor should look for one to step in. Many times, neighbors have attended hearings as 'interested parties'. A neighbour. We have also seen long-lost friends having equal footing with loved ones. Hospitals and NDIS support workers, especially social workers, seem to often initiate applications.

Who benefits from this takeover of decision-making rights?

The government's role of protecting our human rights seriously conflicts with its business model; making money, and saving money, off the vulnerable.

Remove the money and financial cost savings to the State (Public Trustees, NDIS funding in the hands of white-collar professionals and State departments ) and direct matters initially to lower courts, preferably in the Federal arena, and ensure informal and family supports have legal rights to care, then we are progressing forward.

Let’s be honest, why is the State involved at all in taking over the decision-making rights of your disabled adult child when a parent, a loving parent, can make those decisions?

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24 Comments

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  • Lisa, 14 February 2023 @ 9:12 am

    Happening to my mother and I now. She was my only relative.

  • Anne, 12 February 2023 @ 8:56 am

    Criminality at its core. Heartbreaking and just abhorrent in every way. Justice and human rights are no where to be seen in these situations. This needs to stop.

    • Dorothy, 12 February 2023 @ 10:29 am

      Privacy, protected person, human rights, justice (which seems is government saying it is just-us and can do what they want).
      Seen the list of people going to hearing by royal commission for people with disabilities. Where are the people with disability speaking about violence neglect exploitation and abuse. Seems the chiefs getting paid who know nothing about what happened are blabbering on say sorry so sorry we got caught, and give us more money to fix it. Meanwhile peoples lives are bing destroyed.

  • Jon, 11 February 2023 @ 9:14 pm

    Guardianship is mostly the same as the US Conservatorship which is how handlers control performers. One example is Britney Spears. Another example from Sweden is Greta Thunburg who tweeted that she had ‘escaped her handlers’ when she turned 18 years of age. Another version in Australia is “Custody to Secretary Order” which protects the STATE and shielded by the Privacy Act from scrutiny of the biological parents as the child is groomed for a lifestyle of trauma and dysfunction.

  • Dorothy, 11 February 2023 @ 10:48 am

    Make no sense. People who know nothing about us and family making decisions for and about all of us. Who are these people in these state run business. We are told to be careful with stranger danger, by the strangers who put us in danger with abuse and cheating and taking money.

  • AASGAA, 11 February 2023 @ 8:53 am

    Linda,
    It seems your daughter was targeted for many reasons. Her child? Guardians controlling her every decision? NDIS money???

    Vulnerable people have a target on their back and it seems being abused by our Governments who should be protecting their rights, not running a business.

  • Linda, 11 February 2023 @ 8:48 am

    Our lives are become a nightmare due to public guardian I don’t know where the start when it comes to my child and grandchild we are now being told that the child is up for adoption mother has never been given a chance to be a mum and the guardian has made these steps all the way right up until now sadly when your basic human rights at taken away giving birth to a child is disgusting I can actually say more but it would fill up the whole page and now I’m frantically looking for a legal aid solicitor who deals with department of community services cases and does not become a turncoat for the other side

  • Jan & Sean Brandt, 11 February 2023 @ 6:21 am

    ‘Crikey, Kidnapped by the State’

  • Josi, 11 February 2023 @ 3:22 am

    Do I know this all to well!
    Have been fighting to get my son back from this evil system for 2 years, they have appointed crown solicitors to fight the family! You know their is something wrong and it is NOt of last resort when they go to this extreme

    • AASGAA, 11 February 2023 @ 11:03 am

      Sadly, a common issue and situation in Australia esp after the implementation of NDIS funding.

      • SMP, 23 March 2023 @ 7:58 pm

        how do we protect ourselves against this happening?

        • AASGAA, 26 March 2023 @ 1:33 pm

          There are many ways but each circumstance requires a different tactic

    • Dorothy, 11 February 2023 @ 10:10 pm

      What crime has your son or family committed? Not prying, but that seems they go to great lengths if paying their mates who work for government to side with government, against family.

  • Julie, 11 February 2023 @ 2:17 am

    Slavery

  • Dr Joseph Naimo, 11 February 2023 @ 2:04 am

    This is also happening across the private guardianship sector. One parent is appointed guardian and that person, in many instances, will ensure the other parent (particularly if separated) is taken out of the picture. The disabled child becomes a tool to be used as a means of vengeance, spite and malicious abuse against the other parent. If there is a service provider in the picture, they do not like shared decision-making. The guardian must negotiate with the service provider and this combination is devastating to the child and the non-guardian parent. The money siphoned to pay for this travesty of justice is enormous. Usually this will involve clinical mismanagement that excessively over-treats the disabled person. That means over-medicalization, over-medicated, severe use of restrictive practices, causing life-impacting debilitating trauma on the disabled person.

    • Dorothy, 11 February 2023 @ 10:15 pm

      Horrendous, what sort of people do that, especially to vulnerable people. Sorry it’s happening to you, seems to be similar story to many many of us.

      • Dr Joseph Naimo, 12 February 2023 @ 12:56 pm

        Dear Dorothy,
        Part of the problem is the lack of integrity, no accountability, or very little that can otherwise be easily rationalised, especially when the service provider contracts clinical teams – psychiatrists, psychologists and others. They operate in ways that ensures what they do and how they evade accountability is to call what they are doing an interdisciplinary approach. The oversight agencies are not qualified nor equipped to make challenges. That means that a lot of the practices, that involve segregation, distancing from loved ones, over-medication etc. are protected under privacy laws, under health measures such as risk management measures, etc. Paternalistic mambo jumbo that requires much funding and justified by inappropriate and lax box-ticking compliance measures.

  • John, 11 February 2023 @ 1:17 am

    Docs first tested the system and realised they lost control once the victim turned 18. Then guardianship allowed them to control their ‘stock’ after 18years of age.

    • Marney, 12 February 2023 @ 10:36 am

      Yep. It’s a dirty filthy human trafficking racket.

  • Eleni, 11 February 2023 @ 12:07 am

    I didn’t believe this could happen in Australia until it happened to my friend. NDIS and guardians work together.

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