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Unwilling Ward of the State - Australia

A MAN who spent $200,000 over 10 years on phone sex lines had his affairs taken over by the state after relatives claimed he was suffering dementia.
The 76-year-old retiree is now fighting the long-term guardianship and financial administration orders under which he was placed by the Guardianship and Administration Tribunal in June.
"They have kept me under orders without (sufficient) medical proof that I'm not capable of making my own decisions," he said.
The case raises more concerns about Queensland's guardianship system – which is already the subject of a review by the Queensland Law Reform Commission – including whether the tribunal should be required to seek expert medical opinions when placing people alleged to have diminished capacity under long-term orders.
Carers Queensland, one of two advocacy groups now trying to help the man, said it remained concerned about a number of aspects of the guardianship regime, "particularly about procedures that declare an adult incapable of making his or her own personal and financial decisions".
"It is the most extreme and serious action that can be taken by the state . . . There must be extreme caution taken in exercising such a power," the agency's Brendan Horne said.
In the man's case, the orders made by the tribunal mean the Office of the Adult Guardian and the Public Trustee can control every facet of his life, from where he lives and who he has contact with, to what he can spend money on.
The tribunal's reasons for the November 2006 decision show members of the man's family variously alleged he'd made $20,000 worth of 1902 calls a month over two years, or that he'd spent $200,000 over several years, that he was delusional, had mood swings, practised poor personal hygiene, was incapable of looking after himself and that he had been diagnosed with dementia.
After he was placed under orders, the man contacted a professor of neurology and a respected neuropsychologist and subjected himself to extensive clinical and cognitive testing, including brain scans.
Both specialists, who subsequently provided reports to the tribunal, said he did not have dementia and that he was not of diminished capacity.
The neurologist's report said the neuropsychologist's findings "support my diagnosis that (the man) has no form of dementia and that he is competent to manage his personal and financial affairs".
"But at the last hearing in June, the tribunal said that if I wasn't demented, maybe I was psycho – that's the offensive term the woman chair of the tribunal used," the man said.
"So now I'm arranging to be examined by a psychiatrist and because I don't have control of my finances, I'm putting a bit by each week out of the allowance the Public Trust gives me to live on to pay for it."
Tribunal documents from the April and June hearings show the tribunal members raised the possibility of the man having a psychiatric illness, ruling he was of diminished capacity and extending the guardianship order for two years and the administration order indefinitely.
In its reasons it said: "Whilst the tribunal accepts that (the man) does not have a diagnosis of dementia, there is evidence of cognitive dysfunction which impacts on the nature and effect of his decision-making in respect of the 1902 calls."
The reasons do not show the tribunal recommending the man undergo psychiatric testing to back that finding.
A spokesperson for the family said they supported the tribunal processes and the appointment of the Adult Guardian and the Public Trustee.
Adult Guardian Dianne Pendergast, when asked whether she had concerns about the tribunal's decision to place the man under orders, said she was unable to comment about individual cases because of confidentiality provisions.
The man said he could not remember when exactly he began making the 1902 calls, which can cost up to $5 a minute.
"(It was) 1999 I think. It started out as a bit of fun for me," he said. "It averages, for around 40 years of married life, about $5000 a year and that's a pittance because I never spent any money on myself and I was a very good provider to my family."
When the Public Trustee arrived to physically take his cheque books and freeze his bank accounts, he said he was "shattered".
"I cried all night that night – I had been writing out cheques for 50 or more years and I just couldn't believe this was happening to me," he said.
The man, who is now estranged from his family, said he felt "foolish" about his use of the 1902 numbers. "Look where that's got me," he said.

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This is an unusual case. It is not the "usual" elder abuse case. I was very much mistaken that guardianship abuse occurred only in the USA. Another call for reform to the law that was set up to protect the vulnerable in our society.
Source : http://elder-abuse-spotlight.blogspot.com/search?q=Unwilling+ward+of+the+state

The committee to expost the public trustee

The Committee to Expose the Public Trustee is preparing a group submission to the Crime and Corruption Commission and its expected to be lodged within a couple of weeks, depending on availability of relevant kangaroo court transcripts, medical reports etc.

We have identified a number of recurring issues and each and every complainant providing affidavits as part of the joint submission will elaborate on their experiences with the recurring issues. Our intention is to demonstrate conclusive and definitive proof of serious and systemic problems involving not only members of the triune beast (kangaroo court, Adult Guardian and Public Trustee) but also cover-ups by the Premier, Deputy Premier, Attorney General, kangaroo court president and a whole raft of bureaucrazies (MIS-spelling intended).

Disabled man wins 16-year fight with Public Trustee

IN CHARGE: Clinton VanDenBerg (right) is finally able to manage his own finances after a lengthy battle with Public Trustee Queensland. Photo: Max Fleet / NewsMailA DISABLED man has won his fight to regain control of his finances following a "long, hard and arduous" 16-year battle with the State Government body appointed to manage his estate.

Clinton VanDenBerg's life changed forever in 1988, when a 10-tonne semi-trailer, driven by a 17-year-old unlicensed driver, slammed into his family's car. The crash killed his sister, broke vertebrae in his mum's back and left him with a permanent brain injury.

"My life was totally destroyed," he said.

"Because of the fracture to my skull, by order of the court, the Public Trustee Queensland (PTQ) had to handle my finances."

Mr VanDenBerg, now 39, received an $807,000 Supreme Court payout nine years after the harrowing ordeal but his ability to manage his own affairs was restricted when he was placed under financial administration.

Personal stories of contact with the Queensland adult guardianship system

Tbernie-ahimsa-househe main purpose of the Committee to Expose the Public Trustee is exactly that – to expose the Public Trustee. We want to shed some light on the reality of people caught up in the guardianship system. To that end we have decided to publish some personal stories.

Some of our members have been willing to share their stories. Others do not want to compromise their privacy. Others are fearful of retribution that would be suffered by their loved ones if they spoke out. Amongst our committee there are many more nightmare stories than are presented here and we know there are many, many more in Queensland.

If you would like to help us expose the Public Trustee and share your experience of Queensland’s adult guardianship system you are very welcome to do so. Please post your story in the comment section below. Comments here are moderated and will not appear immediately.

If you do tell your story, please do not include any information that identifies yourself, your loved one or any officer of the guardianship system. We will check your stories for this before publishing, other than that you can say what you like.

Click on links to read stories –

Avoid the kangaroo court and the Public Trustee at any price

The following comments relate specifically to the Queensland entities QCAT (the kangaroo court) and the Queensland Public Trustee / Adult Guardian, however similar entities in other states and territories operate on essentially the same (lack of principles), consequently the exact same potentially applies to every Australian citizen who doesn't have a professionally prepared succession plan (ie at the very least an Enduring Power of Attorney and a Last Will and Testament).

Be wary of 'I found it on the internet' forms as there are many instances where those have been successfully challenged by either avaricious family members, the kangaroo court or even 'proper' courts. On the other hand, a good lawyer (no I don't like that breed either but there is actually the rare decent one) can patch most of the loopholes that can be exploited by bottom-feeding grubs like that greedy brother-in-law or even worse, the kangaroo court. 

I wish to warn everyone, including those carers who think looking after a stroke victim is too much trouble, or those who have the mistaken belief that there is any semblance of decency at the Public Trustee, or for that matter the Adult Guardian. I elect to use the term 'kangaroo court' because that utterly evil entity totally ignores legislation intended to regulate its operation. Its really nothing more than a source of victims for the extortion racket trading as the Public Trustee.

Former Public Trustee worker avoids jail

A former Public Trustee of Queensland employee has been spared immediate time behind bars after corruptly providing information to a bidder in a tender process.

Robert Edward Leslie Myers, 55, was on Tuesday sentenced in the Brisbane District Court after pleading guilty to multiple charges including five counts of official corruption.
Myers shielded his face with a bag as he left the Brisbane District Court, where Chief Judge Kerry O'Brien handed him a two-year jail term, wholly suspended for three years.

Former public servant's fraud conviction serves as a warning

Following a Crime and Corruption (CCC) investigation a former Queensland public servant was sentenced today in the Brisbane District Court to two years jail, which was wholly suspended.

Robert Edward Leslie Myers was sentenced after pleading guilty to a fraud offence and a forgery offence.

The former employee of The Public Trustee of Queensland pleaded guilty to using his position to dishonestly obtain $42,000. None of the funds misappropriated were funds held on behalf of Public Trustee clients.

Public trustee suspended amid 'serious allegations'

Peter Carne, pictured in 2014 while speaking at former premier Wayne Goss's memorial service.Queensland's public trustee has been suspended after "serious allegations" were made against him.

Peter Carne oversees 600 staff, who manage finances of incapacitated people and estates of deceased people, across Queeensland.

Attorney-General Yvette D’Ath would not say why Mr Carne had been suspended.

"The Governor in Council has today approved a recommendation by Attorney-General and Minister for Justice Yvette D’Ath to immediately suspend the Public Trustee Peter Carne, pending a show cause notice, as a consequence of serious allegations which could amount to misbehaviour under Section 9 of the Public Trustee Act 1978," her spokesman wrote in a statement.

Media Statement re Queensland Public Guardian misconduct allegations

The Governor in Council has today approved a recommendation by Attorney-General and Minister for Justice Yvette D’Ath to immediately suspend the Public Trustee Peter Carne, pending a show cause notice, as a consequence of serious allegations which could amount to misbehaviour under Section 9 of the Public Trustee Act 1978.

The public can be assured that the Office of the Public Trustee’s core obligations will continue to be met.  The Governor in Council today has approved Samay Zhouand as Acting Public Trustee, to take effect immediately.

Public Trustee suspended over possible misbehaviour

In other government appointments, Qld's Public Trustee Peter Carne has been suspended following “serious allegations.”

Yvette D’Ath has suspended Qld’s Public Trustee.

 Queensland’s  Attorney-General and justice minister Yvette D’Ath has immediately suspended the state’s Public Trustee Peter Carne.

The action follows “serious allegations which could amount to misbehaviour” under the Public Trustee Act,” Ms D’Ath said in a statement.

Samay Zhouand has been appointed Acting Public Trustee in Mr Carne’s place, she said.

“The public can be assured that the Office of the Public Trustee’s core obligations will continue to be met,” Ms D’Ath said.

She said there would not be any further comment to ensure due process was followed.

The public trustee, which deals with the estates of incapacitated people and people who have died in the absence of an executor, in 2017-18 managed $2.7 billion in assets.

A message from the Public Trustee

Media statement

Last night, a statement was released to the media from the Attorney-General and Minister for Justice Yvette D’Ath stating that the Governor in Council had approved a recommendation to immediately suspend the Public Trustee of Queensland, Mr Peter Carne, pending a show cause notice.

This was as a consequence of serious allegations, which could amount to misbehaviour under Section 9 of the Public Trustee Act 1978.

We wish to assure the public that no funds belonging to the Public Trustee’s clients have been affected by this decision, nor are they at risk.

Qld's public trustee suspended

Queensland's public trustee has been suspended over serious allegations which could amount to misbehaviour, the state's attorney-general says.

Queensland's public trustee Peter Carne has been suspended after serious allegations were made against him.

Attorney-General Yvette D'Ath says Mr Carne was suspended on Thursday, pending a show cause notice, after serious allegations that "could amount to misbehaviour under the Public Trustee Act".

Subcategories

  • Australian public guardian corruption

    Image result for guardianship corruptionThe following comments relate specifically to the Queensland entities QCAT (the kangaroo court) and the Queensland Public Trustee / Adult Guardian, however similar entities in other states and territories operate on essentially the same (lack of principles), consequently the exact same potentially applies to every Australian citizen who doesn't have a professionally prepared succession plan (ie at the very least an Enduring Power of Attorney and a Last Will and Testament).

    Be wary of 'I found it on the internet' forms as there are many instances where those have been successfully challenged by either avaricious family members, the kangaroo court or even 'proper' courts. On the other hand, a good lawyer (no I don't like that breed either but there is actually the rare decent one) can patch most of the loopholes that can be exploited by bottom-feeding grubs like that greedy brother-in-law or even worse, the kangaroo court. 

    I wish to warn everyone, including those carers who think looking after a stroke victim is too much trouble, or those who have the mistaken belief that there is any semblance of decency at the Public Trustee, or for that matter the Adult Guardian. I elect to use the term 'kangaroo court' because that utterly evil entity totally ignores legislation intended to regulate its operation. Its really nothing more than a source of victims for the extortion racket trading as the Public Trustee.

    Published decisions of the kangaroo court invariably put victims in the clutches of the Public Trustee where their assets are systematically plundered. Anyone who lives in their own home is likely to cop a shonky ACAT test since owner occupied homes are protected from the typically exorbitant and unregulated Public Trustee fees whereas an unoccupied home (ie when the owner has been consigned to a nursing establishment) are not protected. Clearly owner-occupied homes are unprofitable business so the Public Trustee plays any number of dirty tricks to rectify that situation. Neither the kangaroo court, the Adult Guardian or the Public Trustee have proper complaints management systems despite such being a legal requirement in Queensland. Whilst there are sham facilities, responses to complaints amount to 'cut and paste' of official publicity.

    There are reasons to believe Public Trustee complaints are routed directly to its legal department which then uses its victim's financial resources to protect the interests of the Public Trustee. There is no point complaining to the Queensland Ombudsman, the Crime and Corruption Commission, the Queensland Attorney General, the Federal Attorney General, the Legal Services Commission, the Discrimination Commission, the Information Commission or the Human Rights Commission because the standard response is 'the Public Trustee is immune'.

    Victim's funds held 'in trust'; are regarded as the property of the Public Trustee which levies horrendous fees that typically consume a million dollar estate within a few years. Unlike every other financial organization, no auditing is performed since some moronic politician in times past 'deemed' the Public Trustee competent. Media reporters who attempt to expose the activities of the unholy triune beast are warned by management that exposure of these entities is strictly verboten. In the past, stringent secrecy provisions were imposed, ostensibly in place 'to protect the vulnerable' but which were undoubtedly intended to hinder communication and collaboration between carers and victims.

    Over the past year a number of individuals have discovered ways to circumvent the maze and now there is a significant group committed to bringing these bureaucrazies (MIS-spelling intended) to account. Its not a straightforward task as the Public Trustee has infiltrated a lot of 'apparently' legitimate support organizations. For example, Carers Queensland openly admits to receiving financial support from the Public Trustee and the relationship between the Uniting Church and the Public Trustee is subject to some suspicion.Many senior citizen clubs are receiving Public Trustee money albeit after having been 'washed' through third parties like Caxton Street Legal Centre.

    A significant number of people have been sucked in by Public Trustee promotions claiming to provide a 'free' will making service. Yes well, it is true that the document is made without charge, but on condition that the Public Trustee is nominated as executor. When the principal carks it, the Public Trustee fees are usually sufficient to soak up every single cent.

    Typical fees are approximately five times what a private lawyer would charge to do the same work, and surely no sentient being believes private lawyers run a benevolent society. A report that was briefly published in the Queensland Sunday Mail concerned a disgruntled Public Trustee whistleblower who related details of an internal memo requiring all staff to drag on estate matters until the maximum possible fees has been levied. One particular case in which the beneficiary 'should' have inherited $1.3 million resulted in said beneficiary discovering the anticipated amount had been completely dissipated in fees. There are numerous other horror stories that need to be told but this probably isn't the correct forum. Bottom line is that everyone, regardless of how healthy they may be, is flirting with disaster if they don't have a professionally prepared succession plan in place.  Those who wish to explore Public Trustee  and kangaroo court misdeeds more fully can google 'Workers Bush Telegraph',  'Queensland Public Trustee Exposed'  and 'nswtgexposed'

    The Committee to expose the Public Trustee held the first of a series of pickets at Parliament House on Tuesday 16th January and will be continuing these at QCAT and the Public Trustee in due course. We've also contacted every politician in Queensland, the Queensland Law Society and the Queensland Bar Association.

    Next on the list are every senior citizens group, media reporter, magistrate, judge and politician in Australia. We are also preparing a group submission to the Crime and Corruption Commission and the United Nations Human Rights Council. The volume will be turned up until or unless the systematic abuse and misappropriation of victim's resources is stopped permanently, those whose estates have been plundered are compensated,.and the perpetuators exposed and penalized.

    Call me anytime 24 x 7.   We have a good team with substantial experience in battling the official crime gang. Despite what a lot of lawyers would have you believe, it is possible to beat the crooks. Only 5% of kangaroo tribunal matters are published, consequently only insiders know what is really going on.  My partner's victory is one that will never be published because it demonstrates just how corrupt are the kangaroo tribunal, Adult Guardian and Public Trustee.  There was also a very damning report on the guardianship racket in the Gold Coast Bulletin, Sydney Morning Herald and Melbourne Age last weekend.   I don't want or need to make anything out of my advocacy efforts, simply seeing people whacking the criminals is all the reward I need. 

    Oops, I neglected to include contact details. Actually I have left details elsewhere in this forum but you may not have read all my posts. Mobile 0488531824 is best. I'll answer it 24 x 7 providing I'm not asleep or out of mobile range.  Don't worry about the time because I'm often communicating with others around the world at all sorts of times.  Email This email address is being protected from spambots. You need JavaScript enabled to view it. is also fine but ignore anything else I've published … I need to change email addresses regularly as the evil ones at the bottom of Queen Street keep giving my address to spammers.

    I receive a number of calls from this site regarding victims of the guardianship racket. Only a few leave messages here, the majority phone or text 0488531824. Quite often I or an associate in another state can assist with advice on procedures or referral to known trustworthy medical and / or legal professionals, but it needs to be recognized that the official perpetuators are both exceptionally well organized and well protected. Whilst only a handful of victims have secured victory, the main reason why so many lose is their refusal to do what it takes.

    There is a very steep learning curve involved, and that entails coming to grips with the realization that no politician, no watchdog, no media company and no community legal service will provide meaningful support. In 'some' cases the UN Human Rights Council, International Criminal Court, or international human rights organization will get onboard, however their criteria are such that only precious few will satisfy them.  In effect, unless you have a pathological obsession with winning, and the will to do whatever it takes, do yourself a favour and give up now. Personally I'd dearly love to see every victim of the guardianship racket get their life back, but after years in this game, I now realize that only one in a thousand will run the race. If perchance you are one in a thousand, call me ASAP.The Office of the Public Trustee is conducting what can only be described as officially-sanctioned organized crime. 

    This insidious and predatory organization has been endowed with total immunity and protection and it is consequently accountable to nobody. No media entity, no public sector or private sector watchdog, no church, and no politician is prepared to lift a finger against the PTQ. Typically, 'victim protection' is quoted as justification for non-disclosure of material which could potentially identify a victim, although it is blatantly obvious that restricting collaboration between victims and hiding deliberate fraud and embezzlement are the REAL reasons for non-disclosure directives. Mind you the contribution which the PTQ provides to consolidated revenue is such that no morally and financially bankrupt government could afford to lose the income stream. Legislation joins the PTQ to the non-constitutional QCAT kangaroo tribunal in every guardianship matter.

    The Office of the Adult Guardian which funded by, and is therefore effectively a branch of the PTQ, is also joined. This creates an unholy cabal which procures shonky medical and allied health reports certifying the victim suffers alzheimers dementia. Dementia is a valuable tool to the crime gang as it implies the victim is a danger to themself and others, and must be institutionalized forthwith. It just so happens that owner-occupied homes are non-profitable business as the PTQ cannot impose (MIS)management fees on owner-occupied homes. Separating owner and home is therefore imperative and there is no depth to which the PTQ will not stoop to achieve this objective.

    A major component of PTQ income is derived by its in-house legal department. Given the state government's demonstrated obsession with unaccountability, it is not surprising that the Legal Services Commission will not investigate public complaints regarding public sector lawyers. Furthermore, it is alleged that many if not most PTQ 'lawyers' do not possess the practicing certificate needed to practice law, although yet another legislative shenanigan provides that a practicing certificate is not necessary for 'lawyers' working for public sector entities.

    Compliance of senior citizen organizations and community legaal centres is assured by way of bribes which are believed to be bankrolled by the Gambling Benefit Fund. Not surprisingly, the PTQ gets to use this slush fund to induce what would otherwise be honorable entities to support the predatory antics of the PTQ. 

    Carers Queensland openly admits to accepting dirty money to produce a series of YouTube videos extolling the virtues of the OPG, PTQ and QCAT kangaroo tribunal, and Caxton Street Legal Service is also funded by the PTQ. An even more 'interesting' interesting example of PTQ skullduggery is its retention of spotters (typically social workers) in the hospital system. It is understood that these spotters are paid by cash deposits into offshore bank accounts to refer potential merchandise (PTQ internal term for victims with assets) to the QCAT kangaroo tribunal. Needless to say, the kangaroo tribunal invariably decides that the victims lack capacity to manage their own affairs and that there is family conflict and undue influence (both created by the kangaroo tribunal) which supports the decision made prior to any hearing to deliver the merchandise to the PTQ for asset plundering.

    The reader is invited to form his or her own opinion regarding the possibility / probability of further inducements by the PTQ for supply of the merchandise, although those who have personally witnessed interactions between PTQ operatives and kangaroo tribunal quasi-judges are in no doubt that there are 'interesting' features which lead to considerable apprehension about the relationships between the parties.  Despite almost complete media cover-up and protection of the PTQ and its incestuous cohorts, the odd snippet is mentioned. Several years ago, a Courier Mail reporter revealed a PTQ internal memo requiring all staff dealing with a deceased estate to delay settlement until the maximum possible fees had been imposed, and more recently another report exposed a matter in which the 'client' had been deceased for weeks before the NSWTG became aware of his plight. A comparable event occurred in the Brisbane northside suburb of Banyo in 2018, although there was no media coverage on that occasion. 

    In addition to the extortionate fees and charges mentioned in the previous post, there are also massive legal fees and charges which are never disclosed unless a victim dies or escapes the clutches of the guardianship racket.  There are only three known instances in Queensland of a victim regaining capacity to manage their own affairs, Bucknall QSC09-128, Maher QCA11-225 and Marmin G29078 in 2017. In all cases, the full extent of PTQ embezzlement was only discovered months after the victory.  In a current matter, the PTQ is believed to have helped itself to some four million dollars of the victim's fifteen million dollar estate, however numerous requests for provision of complete financial statements have all been totally ignored. Something worth mentioning is that the PTQ legal department is permitted and even encouraged by the kangaroo tribunal to use the victim's money to fight the victims attempts to escape the PTQ / guardianship racket web, however despite legislation providing that a person with impaired capacity has automatic right to legal representation, the PTQ consistently refuses the victim access to their own funds to fight the PTQ / guardianship racket.

    Source : https://enableme.org.au/Community/Forums/View-topic?id=7cae0b95-e248-4401-aef8-a6490e701e77

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  • UK public guardian corruption
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