I Try Once Again To Contact Uncle John
I am still trying to get through to Uncle John, so a couple of weeks ago, I rang the home, and spoke to the Receptionist - the same one we have had conversations with before.
I promised to take up no more than a few minutes of her time, and she said I could go ahead and put forward my queries to her:
I reminded her that the Office of the Public Guardian report had upheld the allegation that Uncle John's son was preventing Uncle John from contacting, or speaking to anyone.
Then I asked
1) Since he was transferred there from St Vincent's Hospital on 1 May 2019, has Uncle John been taken out of the Home at any time?
2) Did his son take him home at Christmas?
3) Did his son take him out at any time last year?
4) Does Uncle John get any visits from his other friends?
5) Are there any personal mementos from his past life - books, pictures, photos, etc. - in Uncle John's room?
The Reception's reply was polite, but firm. She could not answer any of my questions, but added:
"John Woods Senior has said he does not want to speak to anyone on the phone. That is his decision, and we must abide by it." She added, "He has everything in his room that he wants."
My astounded response was: "How is it that, until now, the mantra has been that Uncle John does not have mental capacity to make any decisions for himself, and all requests for contact must go through his son? And now - after the OPG have issued their advice to his son to help Uncle John maintain contact and relationships - suddenly Uncle John does have the mental capacity to make his own decisions - and he has said, he doesn't want to?
Just a reminder:
Findings
The allegation is substantiated in that there are contact restrictions in place. However there is conflicting evidence provided regarding Mr Woods’ (Snr) wishes in relation to receiving visitors and investigators were unable to obtain his views and wishes in this regard.
Conclusion
1. The Public Guardian considers Mr John Woods (Snr) to have impaired capacity for financial and personal/health matters.
2. On the basis of the findings outlined above, the Public Guardian considers it necessary to take the following protective action in relation to Mr John Woods(Snr) :
a. Advice issued to Mr John Woods(Jnr) under s.18 (1)(a) of the PGA as follows: Mr Woods(Jnr) must consider General Principle 8 and maintain Mr John Woods (Snr) existing supportive relationships
The Receptionist just reiterated that "...it was Mr Woods' Senior's express decision." She repeated this several times.
I was also able to ask if Uncle John had any personal money? Immediately I was in Deja vu territory, when she replied, "Mr Woods does not need any money. The Home provides everything that he needs."
My blood ran just a bit cold, as I recognised this sentence as exactly the same one Uncle John told us Johnny had said to him, last year: "You don't need any money here, Dad, the Home provides everything..." When Wendy was with Uncle John in June 2019, Uncle John told both Wendy and me that he had no spending money at all; he said, "I haven't got a bean... not a brass farthing..." and he was not happy about it.
Three weeks ago, I rang the OPG in England for some further advice about allowances for residents in care homes. I was told everybody was entitled to have spending money - it's a basic right that all care home residents should have a little money, that they can spend as they like.
Now, I felt like asking - but of course I didn't! - if "...provision by the Home for everything that Uncle John needed..." might also include buying a 100th birthday card for his sister, and paying for the stamp to post it to Mum? and what about a card at Christmas?
Nothing changes. Johnny is so cunning, but no-one sees it, or seems prepared to speak out against his treatment of his dad.
a) To begin with, Johnny went around quoting his Power of Attorney that allowed him to deal with Uncle John’s life, because Uncle John no longer had mental capacity, and he forbade us - and anyone else - to speak to or visit Uncle John.
b) Then the Office of the Public Guardian’s report, 5 May 2020, confirmed that Uncle John had impaired capacity, and had issued advice to maintain existing supportive relationships.
c) Johnny has now got round this by making sure everyone in the Nursing Home says it is Uncle John’s own decision that he doesn’t want to talk on the phone. How come Uncle John suddenly now has mental capacity to make his own decisions?
Does this mean Johnny can now put his hands up and say something to the effect of, "Well, it's nothing to do with me anymore... It's my father's own decision...?!"
Following my e-mail to her on 5 June, on 9th June, our Solicitor sent me an e-mail, to say QCAT had been notified that I was happy for them to deal with her.
The Tribunal had informed her that they had a) sought a response from Mr Woods, but no response to the application has been provided; and b) is in the process of obtaining a medical report, which is different to that prepared by the OPG and has been requested by the Tribunal from the facility in Jindalee. Once the medical report has been received, the Tribunal will determine the matter.
Well. It will be interesting to see if the medical report now says Uncle John has mental capacity to decided what he wants to do!
I am not hopeful; but I have more ideas in store. I shall not give up.
