It was our view that this was a case in which the least restrictive alternatives were not considered, although informal arrangements were working well, and could have been continued to be accessed without the formality of an appointment. It was also a concern for us, that had we not represented Mr M-T at the hearing, his son, who was vocal, well-educated and well presented, might well have persuaded the Tribunal that he had learnt from his past mistakes and was an appropriate person for appointment regardless of his father’s views on the matter. Case study 2 This was a very long running case for our service, and we were finally successful in reuniting Mrs L with her husband, six months before she died. A serious concern the Seniors’ Legal and Support Services across Queensland have identified is the role played in guardianship proceedings by family members intent on gaining financial control of the older person’s assets, or occasionally also, as in the case of Mrs L, taking every opportunity to disrupt a long standing marriage and partnership because of unresolved family resentments. Our experience has been that there can be a lack of recognition of the adult’s preferred supports in proceedings, and lack of awareness of the impact of cultural differences and impairments. In the case of Mrs L, it took perseverance with her speech difficulties and her accent to realise that her cognition and understanding appeared to be good. She was able to articulate her despair and depression about being separated from her husband, and it has been recognised that the symptoms of acute depression can mimic those of dementia (lack of recall, ability to concentrate). The focus now enjoined on Australia and other member states to provide supports that protect the autonomy of persons with disability, acknowledges equality and non-discrimination (Art 5),that provide “appropriate and effective safeguards against abuse and require that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict and undue influence proportional and tailored to the person’s circumstances, apply for the shortest
It was our view that this was a case in which the least restrictive alternatives were not considered, although informal arrangements were working well, and could have been continued to be accessed without the formality of an appointment. It was also a concern for us, that had we not represented Mr M-T at the hearing, his son, who was vocal, well-educated and well presented, might well have persuaded the Tribunal that he had learnt from his past mistakes and was an appropriate person for appointment regardless of his father’s views on the matter. Case study 2 This was a very long running case for our service, and we were finally successful in reuniting Mrs L with her husband, six months before she died. A serious concern the Seniors’ Legal and Support Services across Queensland have identified is the role played in guardianship proceedings by family members intent on gaining financial control of the older person’s assets, or occasionally also, as in the case of Mrs L, taking every opportunity to disrupt a long standing marriage and partnership because of unresolved family resentments. Our experience has been that there can be a lack of recognition of the adult’s preferred supports in proceedings, and lack of awareness of the impact of cultural differences and impairments. In the case of Mrs L, it took perseverance with her speech difficulties and her accent to realise that her cognition and understanding appeared to be good. She was able to articulate her despair and depression about being separated from her husband, and it has been recognised that the symptoms of acute depression can mimic those of dementia (lack of recall, ability to concentrate). The focus now enjoined on Australia and other member states to provide supports that protect the autonomy of persons with disability, acknowledges equality and non-discrimination (Art 5),that provide “appropriate and effective safeguards against abuse and require that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict and undue influence proportional and tailored to the person’s circumstances, apply for the shortest
67._org_caxton_legal_centre.docx