At the risk of becoming repetitious, here is the latest exchange of e-mails:
On Friday, 19 June, I received this one from the Solicitor:
"We refer to your emails dated 17 June 2020.
The OPG will investigate allegations of neglect, exploitation or abuse if the person in question is a vulnerable adult and without capacity.
We agree that for the OPG to have investigated your complaint they would have needed to assume your Uncle did not have capacity. The OPG is not, however, a medical professional and cannot declare someone to be without capacity. As a result, QCAT is seeking the medical report to finally determine whether or not your Uncle has capacity.
As for the OPG’s preliminary findings, it is ultimately for QCAT to determine if Mr Woods (Jnr) is no longer acting in the best interests of his father. An Attorney is not, however, bound by the findings of the OPG.
We cannot say whether your Uncle or his son has directed the Jindalee facility not to allow telephone calls. Although it may be the case your Uncle does not have capacity, it does not mean he will not fall in and out of periods of lucidity to make such directions himself.
We understand your concern but until a determination is made by QCAT Mr Woods (Jnr) is entitled to act as Attorney and make both medical and financial decisions on behalf of your Uncle."
.............................................
In my view, they are approaching this from the wrong end of the telescope; there is no doubt Uncle John is fading, and they are still not investigating the person who has created all his problems in the first place!
On Sunday evening, 22 June/Monday morning, 23 June, I wrote back:
Thank you for your e-mail and the update about QCAT.
Everyone in authority who has been investigating my complaints about the way Uncle John has been - and, if he is still alive, still being - treated, has focused only on my Uncle John and his mental capacity. It seems no one has given thought or consideration to pursue the leads I have provided to them from the very beginning, to prove my complaints about his son are justified.
When QCAT finally determines whether or not my Uncle John has capacity, it still means that, in the meantime, someone who does not have his best interests at heart - i.e., his son - can continue to act as Attorney, with impunity. When I first made the application to QCAT in January, I also requested an Interim Order, which I was told would take 5-6 weeks. We are now at the 22 June, and no further forward.
I would like to raise again, the following points, which you may care to forward to QCAT as a reminder:
1) Having looked after my mother for many years, I am perfectly aware that people can go in and out of lucidity and of having mental capacity. However, no-one is picking up the simple question of asking why, in the first place, has Uncle John’s son continually tried to prohibit anyone from contacting him? and then in June 2019, stop my daughter from taking Uncle John out of the home for treats, whilst he was still able to enjoy them? At that time, Uncle John himself asked Wendy to take him out, and could not understand why his son refused permission; staff in the facility did not challenge his son’s decision - why did they not do this? They only rang him up to ask if his father could go out, and he said, “No.”
2) 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. Here in the UK, coercive control is now recognised as a crime, and I believe my Uncle has been subjected to this by his son.
4) From the moment Uncle John was admitted to hospital (first, Princess Alexandra and then St Vincent’s), his son immediately took steps to keep his father isolated, and not be allowed to speak to anyone. When my daughter and I arrived in Brisbane in March 2019, we saw Kris Flint, a Social Worker at Princess Alexandra, and she ascertained from Uncle John personally, that he did want to see us, and for us to be kept informed of his health and progress. This information should be still available on Uncle John’s file.
5) When Uncle John was moved to St Vincent’s Hospital at the beginning of April 2019, again his son issued orders his father was not to receive visitors or phone calls; another social worker at that hospital (I think Ros), confirmed with Uncle John he wanted us to be kept in touch and up to date with everything; this should also be on file.
6) When my daughter and I had to fly back to England, Toni Leahy, the Volunteer Co-ordinator at St Vincent’s, arranged for a lady called Fiona to visit Uncle John on the ward and help him with our phone calls. If the reception was bad, she would write down what we said, and gave it to Uncle John to read, and we managed with this very well. Anyone wishing to check this could contact Toni Leahy.
7) When Uncle John transferred to TriCare Nursing Home in Jindalee, on 1 May, it was Mr Voigt, the Palliative Care Manager at St Vincent’s Hospital, who told us about the move, because he was aware Uncle John’s son would not let us know.
8) It is clear that it is Uncle John’s son who directed the Jindalee facility not to allow telephone calls and visits. His son also forbade Megan Hunt, the British Vice-Consul in Brisbane, from visiting Uncle John, along with other friends who have asked permission to visit.
9) When Wendy and I were with Uncle John in March 2019, we made a video of him happily reminiscing about things he had done in his life. This is the YouTube link to the video - you may have to copy this and paste into your browser https://youtu.be/H97l8T9aa6A and you will see how sprightly and lucid he was, and happy to talk to us.
10) I will copy and paste an e-mail I sent to Graham Voigt, Palliative Care Manager at St Vincent’s Hospital, dated 17 June 2019. I have highlighted the relevant paragraphs that relate to the time Uncle John’s son wrote the letter that was attached to Uncle John’s file, forbidding his father to be taken out of the facility, i.e. about a week before my daughter Wendy arrived back in Brisbane on 15 June 2019. (QCAT know all this already, but perhaps you could remind them of what I have sent to them, and ask QCAT to take this up and check with the facility when the letter was put on file, bearing in mind his son has been isolating Uncle John for a long time).
If QCAT also wish to check and prove the history of Uncle John’s son’s other efforts to isolate his father, perhaps they could contact the people I have listed above, by e-mail.
Yours sincerely
Alexandra Wilde
My e-mail to Graham Voigt, 17 June 2019.
Dear Graham
I do hope you are keeping well, and that everything is running smoothly at St Vincent's Hospital; we are all fine, and I am still burning the midnight oil! and I do hope you might not mind my contacting you again, about my Uncle John.
He has settled down very happily in TriCare Aged Residence in Jindalee, and the staff are very lovely and helpful.
When he first moved in, I rang Uncle John every couple of days; he was his usual, normal, positive self, but one day he was so downhearted; his son had been to see him and had seriously depressed him, saying, “Oh, well, dad, you haven’t got long to live, now!” I immediately rang the care home reception again, and the nurses were horrified about this and said they would send someone to be with Uncle John and give him some TLC!
Wendy decided she would get another week’s leave and fly back to see him; she arrived last Saturday, 15 June. Of course we told Uncle John about her plans, and that she would like to take him out and about - she is only in Brisbane for 1 week, but has hired a car, and he would really enjoy a few trips out, to Sizzles or to see the ducks at Forest Lake. We checked with the staff if that would be o.k., and if he was well enough, and everyone thought it would be a lovely idea. Uncle John was so delighted to see her, and looking forward to going out with her, but some time later, the nursing staff came to Wendy to say they were very sorry to tell her, she would not be allowed to take him out of the facility, without his son’s permission. His son had written a letter stating this, which apparently has been attached to his file only about a week ago. The staff then rang Johnny to seek his permission, and he refused. The staff also told Wendy that, as far as they know, Johnny has not taken his dad out, either.
Wendy also saw Uncle John had no outdoor shoes in his wardrobe, and minimal clothing. Uncle John then confided in Wendy how unhappy he is with the way his son is conducting his finances; his son has closed his father’s bank account without Uncle John’s permission, and Uncle John has no personal spending money at all. When Uncle John protested about this, his son said, he didn’t need any money whilst he is in the nursing home, because everything is provided for him there.
We are very distressed at the way Uncle John is being treated. Apart from losing all control of his money, he was not given an opportunity to go back to the Unit in which he lived in Marsden Gardens, so he was not allowed to retrieve any personal possessions, such as a favourite book, memento or photographs. He knows he couldn’t have many items in the nursing home, but to have nothing, is very upsetting for him.
We are very worried because we think Uncle John’s son is overstepping the Power of Attorney. We are also aware that in the past, Johnny served a four-year jail sentence; we don’t have many details, but believe it was for some kind of fraud. and Johnny’s mother, Marguerite, was also implicated, receiving a 6 months’ jail sentence. We also know Johnny can have a very volatile temper.
With this in our minds as to how Uncle John’s son may be operating on behalf of his father, we are terribly concerned about it, and at the way it appears he is trying to keep his father isolated from us, who have only Uncle John’s best interests at heart.
I know Uncle John is not your responsibility in any way now, but I wondered if there might be a possibility you could let TriCare at Jindalee know that, if Uncle John has full mental capacity, his son should not prevent him from being taken out of the nursing home for a few hours? I can understand staff there are worried they could be sued for disobeying an order from him, but I am also having to question if his son is behaving illegally, withholding spending money from Uncle John? I have Power of Attorney for my Mum, and I keep every statement for her, every single penny I spend on her behalf is accounted for, and she is never short of money; Uncle John can’t even buy a newspaper or a bar of chocolate. Would this be a case of referring our worries to the Office of the Public Guardian? - that is, I think, what it is called in England, if someone is not exercising their powers properly and fairly.
Anyway, I hope you will forgive me for getting back in touch with you, but you are someone who knows something of the problems we experienced before with Uncle John’s son, and I will be so grateful for any advice you can give me.
All the very best
Alexandra
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