Frustrated and Pissed Off
A week ago I attended a VCAT (Victorian Civil and Administrative Tribunal) hearing from my application to them to be appointed as Administrator and Guardian of my parents.I feel as if I was treated as guilty of obtuse motives and the member adjourned the hearing to a later date where she said my parents are required to attend,medical reports state why this should not be.I came away feeling down in the mouth and as if I had done the wrong thing and my sense of honest integrity had been dashed,that hurt the most.I`ve attached a letter I will be sending to them(maybe only marginally modified).I`m throwing this into the Blog space to try and determine if I`m entitled to feel Frustrated and Pissed Off (and to vent some steam),the few people I`ve spoken to about it have expressed opinions I wont repeat here.I suppose it raises where one places self integrity and endeavouring to do the best for other people,yet where that path leads to is no less an obstacle course than dealing with people who have no conception of reality as I see it.
Dear VCAT,
I recently attended a hearing where you heard my application to be given Administator/Guardianship for my parents and was refused owing to the fact I did not bring both parents.You gave an adjournment for my application for a future date at which you expressed that you would like to see my parents attend as well.
I felt at the hearing I was treated with doubt as to my motives for my application,even though I explained to you that such an order would be imperative once my parents needed to go into residential care,let alone the rest of their financial affairs tended to legally.They already have an Enduring Power of Attorney,however due to the death of one of the joint attorneys it is no longer valid.Unlike the amended Act of 2014 (Power of Attorney) where should a joint attorney become deceased the remaining attorney/s can continue to exercise their power to the benefit of the principle.
Your offer of a rehearing is refused by myself as I will not again allow my integrity to be questioned,having been my parents full time and part time carer for the last 6 years and having seen them deteriorate over this time I thought I was doing the right thing by applying for Administrator/Guardianship,not because I want to but as a legal substitute for their invalid EPA.They are both cognitively beyond signing any new Power of Attorney,I`m not trying to re invent the wheel here.
My application included medical reports and Aged Care Assessment Services report together with approval from the only remaining relative and references plus all other documentation to support my application.Had you read all of the documents attached to my application one would have thought a sense of doubt should not exist.Your instruction that my parents attend a rehearing is to me a statement bordering in the realms of science fiction,it wont happen as it would be a huge task transport wise,hiring of ambulatory apparatus and carrying around a nebuliser and ampoules.This in addition to the before ,during and after stress,confusion and disorientation of a nearly 101 and 97 year old,I don’t need it and they don’t need it.None of this is new,read the reports,it may alleviate your misconception of the reality where we`re at.
Thank you for your time and invitation for a rehearing which I don`t want,I shall now wait and make another application when they are totally incapacitated instead of mostly incapacitated.
YF
PS,Do you do home visits?
On the face of it their decision seems irrational and bordering on the insane, but no different from other decisions I have heard of that are made by government officials who have no grasp of how the real world operates.
I wish you luck with your next application.
Thanks Way,I`ll put this away for a little while and regroup for the next time.
Oh dear Sylvester, what a rigmarole, if this had been a new application with no previous power of attorney records, then it would have been justifiable for rigorous checks to be done, but not so in this case, maybe by some miracle the powers that be think your parents have regained all their mental and physical facilities………. as I see it I think a home visit for assessment of your parents is the only way to go…..good luck ………. and yes you have good reason to feel peed off……
Thanks for your comments Star,things may change given time.
Sylvester. This sounds like you need a lawyer to explain what your options are
There is a very high standard set for taking away legal rights.
Thanks Rose,I dont see it as taking away legal rights from another but rather to be able to exercise those rights when the person can`t achieve that themselves.Maybe I`m giving this issue too much energy.
I agree that you have a right to feel upset. However, I don’t think your letter will make any difference to them. I was looking up the relevant act that established the tribunal, and it looks to me as if it is a highly complex judicial system. I think you need a professional advocate to help you navigate the process. As for the suggestion in your letter that you would not be attending another hearing, I don’t believe that that is the best thing for your parents, even though I can understand why you feel that way. When people are pompous and insulting, I feel that that says a lot about their own character, and nothing about your own.
Thanks Patrick for your insight,rationale and advice,I will let them know I`m not happy and I will seek an advocate for the next time round we have the public advocate here and maybe they can assist.
Dear Sylvester, It must have been so upsetting to say the least, If they had already had an advocate to be in charge of their affairs and that person has deceased, then it makes no sense tome to dissalow another close Family member, especially if that person has the full time care and control, once again in this country beuracrats at their worse…
Go to nearest local legal aid office , each court house in your district will have a contact for you to obtain advice from free of charge
For anyone to request the elderly at their ages and confirmity to appear at a hearing is at the best a cruel and non caring attitude..
After recieving advice Sylvester follow the legal aid advice im sure they will steer you in the right direction, other than that you local state M.P. may be able to advise you , just a few reccomendations I do hope it helps , it must be so frustrating for you , let alone time consuminmg .. all the best ….xxx
Thanks Lani,I will must likely contact the Office of the Public Advocate here after further enquiries with VCAT but as Patrick says it`ll must likely not achieve anything.It makes no sense to me that as an attorney in their existing invalid EPA along with my deceased brother that I can`t continue in that role,maybe they`re just doing what they have to but I don`t have to like it.
Sylvester, I can hear the frustration in your words, and you have every right to feel that way especially having an existing EPA. Would it be worth having a chat to your l local member ? Just a thought….
For now I`ll just see how things transpire Jenna and thanks for your suggestion.
Sylvester, very sorry to learn of your plight. I have no knowledge of Australian law but suggest, (a) Contact an agency that provided free legal advice then if still unsatisfied write to the press. Better still write to the press first along the lines of ‘ Tribunal Ignores Medical Advice – aged incapacitated parents called to Tribunal when doctor says they cannot attend. This will most certainly rattle the Tribunal’s cage.
Best wishes and good luck.
Thanks Charles,I shall be seeking advice prior to next time,at the present I find a bit daunting without at least first having further discussions with them.
Cat…you know I’m always there right BEHIND you!