Ms CHARISHMA KALIYANDA (Liverpool) (22:24): As our population ages, we must ensure that our seniors age with dignity and free from abuse. Data from the elder abuse hotline shows that financial abuse is the most common form of elder abuse. Such abuse is most likely to be inflicted by a family member, and four in 10 perpetrators of financial abuse have an intergenerational relationship with their victim. Often, financial abuse is perpetrated by misuse of the power of attorney. Although the power of attorney is intended to benefit and protect an individual, it places them in a vulnerable situation and there is an inherent risk of the appointed person misusing their power.
Recently my office was contacted by Dr Bob May, a retired veterinary surgeon and small business owner from Liverpool. After having a stroke in January 2021, he was hospitalised for some time. He returned to hospital for a urological procedure in June 2023 and returned home that August. That same month, Dr Bob's wife was appointed as his guardian and financial manager by the NSW Civil and Administrative Tribunal [NCAT]. In March 2024, under the guise of attending a medical check-up, his youngest son wheelchaired Dr Bob into a care facility. Although the family had never discussed that prospect previously, Dr Bob has been stuck in a care facility for the past six months. He wishes to leave the nursing home and regain his power of attorney.
After contacting the Seniors Rights Service, Dr Bob was referred to a solicitor. However, as his wife had control of his finances, he had to request permission to access his own money. That request was denied. Thankfully, following a loan from a friend, he was able to cover the legal fees. Unfortunately, earlier this month NCAT reappointed his wife as his guardian and power of attorney for a further 12 months, and the application for a review or revocation of the financial order was denied. That process beggars belief. How can someone be prevented from accessing their own money to seek legal advice to advocate in their own interests, which is the fundamental purpose of a power of attorney? There is something deeply distressing and broken about this system.
Dr Bob's neurophysical reports and medical assessments make for bleak reading. A nursing report outlines his experience of being admitted to the aged care home against his will and with no prior knowledge, and that his mental health is suffering as a result of his prolonged stay in residential aged care. In that report, the nurse stresses that Dr Bob has good rapport with the staff, who describe him as pleasant. He is oriented to time, place and person and his memory is clear and cognisant. That has also been my team's experience when Dr Bob calls. Since August he has contacted my office at least eight times to give periodic updates on his situation, amongst other topics. He has given us fun facts about horses and greyhounds. He discusses American politics and his daily exercises at the centre, which he always dreads. He reminisces about his youth. He has even given us his top five recommendations for dog breeds as a long-time veterinarian, which is sage advice indeed.
In all dealings, Dr Bob is pleasant, friendly and sharp as a tack. It is unfortunate to see him feeling trapped and without the freedom to recover and spend his retirement on his terms. It serves as a reminder to forward plan for these events. Dr Bob's situation underlines the fact that everyone needs to have comprehensive discussions about care arrangements when appointing an enduring guardian. An enduring guardian is legally appointed to make decisions on a person's behalf should they become incapable. By pre-planning, a person can ensure that they carefully consider who they trust with the responsibility to care for them in the way they wish to be cared for when they are vulnerable or incapacitated. I urge everyone to have that conversation, as uncomfortable or unnecessary as it may seem.
If no enduring guardian is listed, a court or tribunal may need to appoint someone, which may lead to stress and anxiety. That is the case with Dr Bob. A lawyer is able to draw up an enduring guardian document. Alternatively, a person can apply to the NSW Trustee and Guardian for one. For those in Liverpool, many of whom speak English as their second language, the NSW Trustee and Guardian has translation services. Let tonight's story show that, while it may seem like a small thing, people may one day be grateful for their foresight. It also speaks to the fact that these conversations are important to not only put on the agenda with family how someone would like to be cared for but also avoid complicating factors after the fact.
