Wednesday 27 May 2020

Why Do I Believe People Will Do What They Say?

Why Do I Believe People In Authority Will Do What They Say?

Monday morning (gone midnight our time, 9.00 a.m. Brisbane time) 10 days ago, I rang QCAT and to my amazement managed to be put through to the Officer designated to Uncle John's case.

She had not been sent the Report from the Office of the Public Guardian (the one they had promised to send to QCAT!) so I said I would forward it to her myself. She then gave me a direct e-mail address, so that it would land straight in her in-box, and not have to progress through a tortuous route via the general "enquiries" address.

She sounded very sympathetic and understanding about Uncle John's age and frailty, and how concerned we are at the length of time it has taken the OPG to actually get the report sent to us, that I actually began to hope that at last she was taking it seriously and would do everything to expedite the presentation to the Tribunal.

I made sure the files were not too big, and divided them up attached to 3 or 4 separate e-mails; the Officer said they would be with the Tribunal that afternoon.

So that was Monday. On the Tuesday morning, I rang her again, to check everything had arrived safely, but was told she was day off on Tuesdays, and that I should ring again on Wednesday,

Wednesday, 1.00 a.m. As instructed, I called again; but this time she had gone into a meeting. that "...would last for hours."  I said I'd call again tomorrow.

Thursday, 1.00 a.m. - Again, no luck in speaking with anyone in charge; I was just told the officer wasn't available.

No-one can accuse me of not being persistent. Friday, 1.00 a.m. - I spoke to the same woman who had answered my call yesterday. This time, she was quite - what I call - "rudely polite." Clearly I was a great nuisance; she said she "...had to remind me that I must be patient!"

I pointed out I had been patient for a long time: since 20 January, in fact, when I first forwarded the forms to them, and had been told an Interim Order would take 3 - 5 weeks; as it all related to my Uncle, aged 97, with terminal cancer, how much more patience did they think he (or I) should have? For good measure, I added that the Officer dealing with the case had told me on Monday that the matter would be before the Tribunal that afternoon.

I could tell that did not go down well. I was curtly reminded again I must be patient. Clearly I was not going to get anywhere with anyone in QCAT this week.

It is a disgraceful situation, especially as I also contacted the Office of the Public Guardian here in England again, and they were shocked at the attitude of the OPG in Brisbane. If the same concerns had been raised here, it would have been dealt with much more swiftly, and they would be able to make sure their recommendations were carried out. They have teeth!

But we are not in England. We are dealing with the authorities in Brisbane, and that is that.

So then I decided it was time to try and find a Solicitor who would be willing to help.

I rang the Law Society in Australia and whilst they are not allowed to recommend any particular firm, they were able to give me some guidelines as to what to look for. It's still rather like taking a pin and aiming for some location on a map, but I picked a firm that had a normal landline telephone number that I can dial from England, and tried that.

I am hoping I struck lucky. I explained the problem to the lady who answered the phone, and after a short wait, she put me through to one of the solicitors. She had obviously been told the basic details of what help we need, and seemed to have got quite a full grasp of it.

She took my e-mail address and said she would forward details of her firm and that I should confirm our instructions.

I had already prepared the e-mail with the attachments to go with it - photos of Uncle John, the original complaint I made to the Office of the Public Guardian, and their report, so it was all ready to go; I pressed "send" and then there was a hitch! It did not want to go and kept bouncing back to me, and eventually I had to use another e-mail address; happily that worked.

She told me because Johnny still has Power of Attorney she is not allowed to write to him (I'd been hoping a Solicitor's letter might have given Johnny pause for thought!) but she can help us with QCAT and try to expedite things for us.

If we can get a State Attorney appointed to handle Uncle John's affairs, that would be the best outcome, as  I think they would have to uphold the OPG's recommendations that Uncle John's existing relationships should be maintained.

Well, that is as far as I have got. I guess I still have to keep faith and believe someone will now act on our behalf, and quickly enough for a positive result (if there is one) to be helpful for Uncle John before it is too late.







Friday 15 May 2020

I Send E-Mails To The OPG And QCAT

I Send E-Mails To The OPG And QCAT

Just a quick reminder: The OPG is The Office of the Public Guardian; QCAT stands for Queensland Civil and Administrative Tribunal.

I am never one to fire off e-mails, missives, letters etc., without thinking twice or thrice about it; but having heard nothing back from earlier e-mails I sent to the OPG, and not having had any confirmation from QCAT that they had received a copy of the OPG Report, I spent another 24 hours writing a "chivvy" ("are you getting on with it?") e-mail, first to the OPG and then, a day later, also copying it to the person appointed to handle the case at QCAT.

The first part of the e-mail is just reiterating what I had already flagged up in previous correspondence, but then I added more paragraphs to remind them that, when it comes to keeping older people active and happy and communicative,  I do know what I am talking about; after all, we loved and looked after Mum for 8 years, and she was always included in everything we did, and we encouraged to talk to all our friends and neighbours.

I hope you might also be able to view on You Tube the video I refer to in the email below - it of Uncle John talking to me in March, 2019.

Here is the extra information contained in those latest two e-mails sent last week to the authorities:


"I will attach a video Wendy made when we visited Uncle John in Princess Alexandra Hospital in March last year. My Grandson, Al, has made a file of it that he uploaded onto YouTube (he is a whizz when it comes to computers), so I hope you will be able to take five minutes to view it, and you’ll see how well Uncle John remembers things, and how he loved to reminisce about what he has done in his life. He is such an interesting gentleman.

Here is the YouTube link for you to view the video - you may have to copy this and paste into your browsehttps://youtu.be/H97l8T9aa6A  

I can only pray that QCAT will be able to help us get back in contact with Uncle John. If he has not been able to talk to anyone on the phone for nearly a year, I am not surprised if he is no longer keen to try using that method of communication now, and if the lady you saw checking his hearing aids and batteries was there when Uncle John was asleep, how could she know if the hearing aids were still functional for him, and if the ear pieces still fitted him properly? When Uncle John first moved to the TriCare nursing home, the staff said they could arrange calls on FaceTime, and when Wendy was with him in June last year, he was certainly happy to chat on Skype.

It is a fact that people become more withdrawn the longer they are left in isolation, and that is the situation my Uncle has found himself in: Cut off from his family through a vindictive attitude set forth by his son as a result of what has been confessed to be a deep-set hatred towards his dad. The situation we find ourselves, in which a brother is unaware of his elder sister's death, is shocking. Johnny is not using his power of attorney to care or protect his dad, he is using it to hold his father prisoner - to keep him segregated from the people who love him. 


I believe further mediation will fail. Johnny is ignoring, and will continue to ignore, not just general principle eight, but his father entirely. If the stance of the Office of the Public Guardian is to issue their report, give recommendations, and then not ensure those recommendations are enforced, is the Office truly doing everything in its power to protect the most vulnerable? I feel my Uncle has been let down and is continuing to be let down, being kept from even merely speaking to his family – now for nearly a year - since 22 June 2019. 


I sent forms by courier to QCAT in January, including Form 10 (appointing a formal Guardian/Administrator) and an Interim Order Application, which I understood would be actioned within 6 weeks. I have heard nothing from Mrs Taylor about how any application is progressing, so I hold out little hope there. 


I look forward to receiving your earliest reply."


So there you have it: the e-mails probably won't do much good, and I'll bet anyone five pounds to a pinch of pepper they won't come back to me, but at least I feel better for having written them!


Thursday 14 May 2020

A Disappointment - But No Surprise!

A Disappointment - But No Surprise!

It's as well I wasn't into bating my breath for too long, or got my hopes up high.

The report from the Office of the Public Guardian duly arrived on 5 May; according to the time-line in the report, it had been completed on 5 March, and signed off on 1 May, so there was clearly no sense of urgency about it, and complete disregard for Uncle John's great age and his state of health.

The bottom line is that 3 allegations were investigated: 1, that Uncle John's son was utilising his father's funds for his own benefit; 2, his son had discarded his property contrary to Uncle John's wishes, and 3, restricting contact and outings that is not in the best interest of Uncle John.

I was surprised to see how the Investigating Officer had worded the 3 allegations, because when I submitted the form on 22 July 2019, I explained Uncle John was very unhappy that his son had closed down his bank account, and taken full control of his money; he had wanted his son to open a joint account. His son had given Uncle John no spending money, and Uncle John was very upset about this; he wanted to be able to buy personal items for himself - sweets, a newspaper, batteries for his hearing aid, etc. I also wrote that Uncle John told us his son had said, "You don't need any money, because the Nursing Home provides everything"! but that took away every last vestige of his independence and without money, Uncle John couldn't even buy a card for Mum for her 100th birthday, or a Christmas card.

With regard to the second complaint, we provided photographs to show Uncle John had no clothes in his wardrobe, and no outdoor shoes; he was sitting in his pyjamas and dressing gown, with slippers on his feet. When she was with him in June last year,  Uncle John wanted Wendy to take him back to Marsden Gardens (where Uncle John had been living until he was taken ill in the March), to retrieve some of his possessions, but by then his son had forbidden Uncle John to leave the home. I rang the Warden at Marsden Gardens, and he told me Uncle John's son had come round on 1 May (the day Uncle John moved to the Nursing Home) and cleared everything out of Uncle John's unit. Uncle John complained he had not got a book, a photograph or anything from his past life in England, from East Africa, or the time when he spent two years in Romania. There was not one personal memento in his room, and it was clear to us that his son had not intended him to have anything.

No mention was made in the Report about the evidence I had provided to prove what Uncle John was complaining about, was true.

The first two allegations were considered to be not substantiated, but at least the third one was substantiated, in that Johnny is restricting contact and outings and that this is not in the best interest of Mr John Woods (Snr), as there are contact restrictions in place. The Report says they have issued advice to Mr John Woods (Jnr) under Section 18 (1) (a) of the PGA, that he must consider General Principle 8, and maintain Mr John Woods (Snr) existing supportive relationships.

I rang the OPG, but then came the part that was the nub of the matter: I was told the OPG can only "advise" Johnny about their findings; they cannot enforce them. This means the OPG is toothless; what a total waste of time all this investigation, over nine and a half months, has been.

They suggested I contact QCAT (already done, back in January, 2020 - and still no word from them!) and see if mediation will help.

We have a very dear, long-standing friend in Australia called Pamela, who thought that - because she isn't family, and "just a friend" - she might have some success in making contact with Uncle John. She rang Johnny, but he would not come to the phone, and sent his wife Jan to deal with the call. Jan told Pamela there was no way we could ever speak to Uncle John again, and we had said our last goodbyes, the last time we saw him (on 22 June last year).

Pamela was so sorry about it - she said, however much she had tried (and I know she would be lovely, and diplomatic on the phone), they were very stubborn on that. She said she had been very pleasant on the phone, but it didn't make any difference.

So now, where? This is something that offends my sense of fair play, of justice and of wanting to see someone who is good and kind have some happy times at the end of his life; the end of Uncle John's days should not be dictated by someone like Johnny, who is keeping Uncle John a virtual prisoner in the nursing home.

Forgive the mixed metaphors, but I still have more ideas in my head and up my sleeve, and hope I'll soon find an Ace to play.






Monday 4 May 2020

With Bated Breath, We Await A Report About Uncle John

With Bated Breath, We Await A Report About Uncle John

We have still not been able to speak to Uncle John in the Tri-Care  Nursing Home at Jindalee. Yes, I know it is difficult at the moment with the lockdown situation, but that should never have prevented us from talking to him on the phone - there's no chance of spreading the virus that way.

A quick update of how long it has taken to get any response from the Office of the Public Guardian (OPG) and/or the Queensland Civil Administrative Tribunal (QCAT) offices in Brisbane:

22 July 2019: I sent the forms and supporting evidence to the OPG, requesting an investigation into the way Uncle John's son, Johnny Stephen Woods, was operating under the Power of Attorney given to him by his father. Having taken advice from Social Services here, I was sure they would find Johnny was abusing his Power of Attorney, firstly and fore mostly  by forbidding us to have any contact with Uncle John.  It was not just we who were not allowed to communicate with Uncle John - no-one else was granted permission to visit/speak to him either, including the British Vice Consul, and other friends in Australia, who would have been happy to keep in touch with him. It would seem that at no stage was Uncle John asked what he would like, so that his wishes could be taken into immediate consideration - he is the most important person in all of this.

I believe Uncle John's son must hate not only us, but his Dad as well, to isolate Uncle John in such a way. Depriving him of any spending money, meant he couldn't buy anything for himself; Uncle John couldn't ask anyone to purchase a newspaper for him, some sweets or a birthday card for Mum's 100th birthday - and not even batteries for his hearing aids.

I know so well, if you take a deaf person's hearing aids away from them, you effectively imprison them in a silent world. I grew up with my Grandma (Uncle John's and Mum's mother). She wasn't born deaf, but started losing her hearing when she was about 25 years old, so by the time I was born, she was - as she put it, in a very politically incorrect way - "As deaf as a post!"

 29 July 2019:  I received an acknowledgement from the OPG, to say the investigation would begin, but that it could take a long time to complete the enquiries. I would be entitled to a copy of the report, when it was ready.

As the months rolled by, it seemed to us that the investigation was proceeding at a snail's pace, with no account being taken of the great age of both Uncle John and my Mum, or that time was of the essence.

January 2020: I couriered forms to the Queensland Civil Administrative Tribunal (QCAT) in Brisbane, making an application for an Administrative/Guardianship Appointment (which I was told could take three months) as well as an application for an Interim Order, which would take only 6 weeks; I opted for both. I had the name of the person in charge of the case, and a number to quote in correspondence. Over the following three months, I rang QCAT several times, speaking to various people who answered the 'phone, and asking how my application was progressing. They took messages, but nothing happened. No-one came back to me.

9 March 2020: I e-mailed the Office of the Public Guardian (OPG), to say Mum had been admitted to hospital, and that the doctors were very concerned about her.

12 March 2020: I had a reply to say the investigation was complete, and the report was up for review, which would be done as a priority.

30 March 2020: I wrote to the Queensland Civil Administrative Tribunal (QCAT) again, to tell them Mum had died on 23 March. I added:


"It is now too late for my Mother, but could you now please expedite my request for you to investigate the problems we  have had with my cousin exceeding his powers of attorney.

At the very least: Please could someone from your office find out if my Uncle still has his hearing aids, and full batteries, to allow him to have some communication with the staff at Jindalee Nursing Home? We are very anxious to speak to Uncle John, before it is also too late for him. He will be 97 years old on 28 April, and is terminally ill. We are concerned that with no money to buy batteries, and therefore unable to hear, Uncle John will remain totally isolated. Being deaf is a lonely disability."
I received no reply.

29 April 2020: I e-mailed the OPG again, to tell them Mum had died on 23 March, without ever having had the chance to speak to her brother again. Until the day she died, she was always asking to speak to him, and I said I thought it was a disgraceful situation that my Uncle's son, Johnny Stephen Woods, could prevent this from happening.

1 May 2020: Today I received an e-mail from the OPG, saying they were very sorry to hear of my mother's death, and unfortunately, after her review of the investigation report, there were further inquiries required that had now been completed and included in the report. This would be finalised as a priority next week... (I won't hold my breath!) and that I should have correspondence forwarded to me on Tuesday, 5 May.

Have the authorities no sense of urgency, especially when the enquiry concerns very elderly people, diagnosed with a terminal illness? Have they no heart, no compassion?  I was talking to a legal friend in Germany, and when I said, "I just think they are waiting for Uncle John to die, and then they won't have to bother!" he replied, "I think you're right!"

And now here we are, waiting with breath bated, for the report from the Office of the Public Guardian to come through: due tomorrow, 5 May. I hold out no great hopes that they will have found in favour of us maintaining contact with Uncle John, but we shall wait and see, and I hope to be proved wrong!

As I have said so often before, I need only one person to pick up the baton and run with it, and then maybe we'll be lucky and have the chance to make contact with Uncle John again before it is too late. If thoughts and wishes can cross oceans and continents, he may get some feeling we are all trying our very best for him.