Saturday, November 08, 2008

Australia: Just one example of tyrannical "Guardianship" laws

Petty and unaccountable bureaucrats are given vast powers and act like mini-Hitlers

A MAN whose affairs were taken over by the state after he spent $200,000 on phone sex will appeal the orders he says have made his life a misery. "The mental stress has been unreal," the 78-year-old told The Courier-Mail. "It's with you every minute you're awake and it's cost me $40,000 in medical and legal fees, and that's a conservative estimate. "I've also lost money as a result of being under the financial orders because of the way the Public Trustee has invested my money in shares."

The man was placed under the orders by the Guardianship and Administration Tribunal in October 2006, after relatives claimed he had spent tens of thousands of dollars on 1902 calls in almost 10 years. The relatives alleged the man was delusional, incapable of looking after himself and had dementia. However, The Courier-Mail reported last year, medical evidence stated he did not suffer dementia or other mental disability.

His challenge to the tribunal's ruling is supported by Carers Queensland and pro bono lawyers appointed by the Queensland Public Interest Legal Clearing House.

It follows the recent distribution of more than 1000 discussion papers by the Queensland Law Reform Commission, as part of the second stage of its sweeping review of the state's controversial guardianship laws. The discussion paper - Shaping Queensland's Guardianship Legislation: Principles and Capacity - looks at changes that need to be made to the guardianship of people with impaired decision-making capacity and their right to appropriate health care.

Source. (Via Australian Politics)

(And don't forget your ration of Wicked Thoughts for today)

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