Avoid the kangaroo court and the Public Trustee at any price
- Category: Guardianship
- Created: Saturday, 27 April 2019 10:02
- Written by Doug Young
The following comments relate specifically to the Queensland entities QCAT (the kangaroo court) and the Queensland Public Trustee / Adult Guardian, however similar entities in other states and territories operate on essentially the same (lack of principles), consequently the exact same potentially applies to every Australian citizen who doesn't have a professionally prepared succession plan (ie at the very least an Enduring Power of Attorney and a Last Will and Testament).
Be wary of 'I found it on the internet' forms as there are many instances where those have been successfully challenged by either avaricious family members, the kangaroo court or even 'proper' courts. On the other hand, a good lawyer (no I don't like that breed either but there is actually the rare decent one) can patch most of the loopholes that can be exploited by bottom-feeding grubs like that greedy brother-in-law or even worse, the kangaroo court.
I wish to warn everyone, including those carers who think looking after a stroke victim is too much trouble, or those who have the mistaken belief that there is any semblance of decency at the Public Trustee, or for that matter the Adult Guardian. I elect to use the term 'kangaroo court' because that utterly evil entity totally ignores legislation intended to regulate its operation. Its really nothing more than a source of victims for the extortion racket trading as the Public Trustee.
Published decisions of the kangaroo court invariably put victims in the clutches of the Public Trustee where their assets are systematically plundered. Anyone who lives in their own home is likely to cop a shonky ACAT test since owner occupied homes are protected from the typically exorbitant and unregulated Public Trustee fees whereas an unoccupied home (ie when the owner has been consigned to a nursing establishment) are not protected. Clearly owner-occupied homes are unprofitable business so the Public Trustee plays any number of dirty tricks to rectify that situation. Neither the kangaroo court, the Adult Guardian or the Public Trustee have proper complaints management systems despite such being a legal requirement in Queensland. Whilst there are sham facilities, responses to complaints amount to 'cut and paste' of official publicity.
There are reasons to believe Public Trustee complaints are routed directly to its legal department which then uses its victim's financial resources to protect the interests of the Public Trustee. There is no point complaining to the Queensland Ombudsman, the Crime and Corruption Commission, the Queensland Attorney General, the Federal Attorney General, the Legal Services Commission, the Discrimination Commission, the Information Commission or the Human Rights Commission because the standard response is 'the Public Trustee is immune'.
Victim's funds held 'in trust'; are regarded as the property of the Public Trustee which levies horrendous fees that typically consume a million dollar estate within a few years. Unlike every other financial organization, no auditing is performed since some moronic politician in times past 'deemed' the Public Trustee competent. Media reporters who attempt to expose the activities of the unholy triune beast are warned by management that exposure of these entities is strictly verboten. In the past, stringent secrecy provisions were imposed, ostensibly in place 'to protect the vulnerable' but which were undoubtedly intended to hinder communication and collaboration between carers and victims.
Over the past year a number of individuals have discovered ways to circumvent the maze and now there is a significant group committed to bringing these bureaucrazies (MIS-spelling intended) to account. Its not a straightforward task as the Public Trustee has infiltrated a lot of 'apparently' legitimate support organizations. For example, Carers Queensland openly admits to receiving financial support from the Public Trustee and the relationship between the Uniting Church and the Public Trustee is subject to some suspicion.Many senior citizen clubs are receiving Public Trustee money albeit after having been 'washed' through third parties like Caxton Street Legal Centre.
A significant number of people have been sucked in by Public Trustee promotions claiming to provide a 'free' will making service. Yes well, it is true that the document is made without charge, but on condition that the Public Trustee is nominated as executor. When the principal carks it, the Public Trustee fees are usually sufficient to soak up every single cent.
Typical fees are approximately five times what a private lawyer would charge to do the same work, and surely no sentient being believes private lawyers run a benevolent society. A report that was briefly published in the Queensland Sunday Mail concerned a disgruntled Public Trustee whistleblower who related details of an internal memo requiring all staff to drag on estate matters until the maximum possible fees has been levied. One particular case in which the beneficiary 'should' have inherited $1.3 million resulted in said beneficiary discovering the anticipated amount had been completely dissipated in fees. There are numerous other horror stories that need to be told but this probably isn't the correct forum. Bottom line is that everyone, regardless of how healthy they may be, is flirting with disaster if they don't have a professionally prepared succession plan in place. Those who wish to explore Public Trustee and kangaroo court misdeeds more fully can google 'Workers Bush Telegraph', 'Queensland Public Trustee Exposed' and 'nswtgexposed'
The Committee to expose the Public Trustee held the first of a series of pickets at Parliament House on Tuesday 16th January and will be continuing these at QCAT and the Public Trustee in due course. We've also contacted every politician in Queensland, the Queensland Law Society and the Queensland Bar Association.
Next on the list are every senior citizens group, media reporter, magistrate, judge and politician in Australia. We are also preparing a group submission to the Crime and Corruption Commission and the United Nations Human Rights Council. The volume will be turned up until or unless the systematic abuse and misappropriation of victim's resources is stopped permanently, those whose estates have been plundered are compensated,.and the perpetuators exposed and penalized.
Call me anytime 24 x 7. We have a good team with substantial experience in battling the official crime gang. Despite what a lot of lawyers would have you believe, it is possible to beat the crooks. Only 5% of kangaroo tribunal matters are published, consequently only insiders know what is really going on. My partner's victory is one that will never be published because it demonstrates just how corrupt are the kangaroo tribunal, Adult Guardian and Public Trustee. There was also a very damning report on the guardianship racket in the Gold Coast Bulletin, Sydney Morning Herald and Melbourne Age last weekend. I don't want or need to make anything out of my advocacy efforts, simply seeing people whacking the criminals is all the reward I need.
I receive a number of calls from this site regarding victims of the guardianship racket. Only a few leave messages here, the majority phone or text 0488531824. Quite often I or an associate in another state can assist with advice on procedures or referral to known trustworthy medical and / or legal professionals, but it needs to be recognized that the official perpetuators are both exceptionally well organized and well protected. Whilst only a handful of victims have secured victory, the main reason why so many lose is their refusal to do what it takes.
There is a very steep learning curve involved, and that entails coming to grips with the realization that no politician, no watchdog, no media company and no community legal service will provide meaningful support. In 'some' cases the UN Human Rights Council, International Criminal Court, or international human rights organization will get onboard, however their criteria are such that only precious few will satisfy them. In effect, unless you have a pathological obsession with winning, and the will to do whatever it takes, do yourself a favour and give up now. Personally I'd dearly love to see every victim of the guardianship racket get their life back, but after years in this game, I now realize that only one in a thousand will run the race. If perchance you are one in a thousand, call me ASAP.The Office of the Public Trustee is conducting what can only be described as officially-sanctioned organized crime.
This insidious and predatory organization has been endowed with total immunity and protection and it is consequently accountable to nobody. No media entity, no public sector or private sector watchdog, no church, and no politician is prepared to lift a finger against the PTQ. Typically, 'victim protection' is quoted as justification for non-disclosure of material which could potentially identify a victim, although it is blatantly obvious that restricting collaboration between victims and hiding deliberate fraud and embezzlement are the REAL reasons for non-disclosure directives. Mind you the contribution which the PTQ provides to consolidated revenue is such that no morally and financially bankrupt government could afford to lose the income stream. Legislation joins the PTQ to the non-constitutional QCAT kangaroo tribunal in every guardianship matter.
The Office of the Adult Guardian which funded by, and is therefore effectively a branch of the PTQ, is also joined. This creates an unholy cabal which procures shonky medical and allied health reports certifying the victim suffers alzheimers dementia. Dementia is a valuable tool to the crime gang as it implies the victim is a danger to themself and others, and must be institutionalized forthwith. It just so happens that owner-occupied homes are non-profitable business as the PTQ cannot impose (MIS)management fees on owner-occupied homes. Separating owner and home is therefore imperative and there is no depth to which the PTQ will not stoop to achieve this objective.
A major component of PTQ income is derived by its in-house legal department. Given the state government's demonstrated obsession with unaccountability, it is not surprising that the Legal Services Commission will not investigate public complaints regarding public sector lawyers. Furthermore, it is alleged that many if not most PTQ 'lawyers' do not possess the practicing certificate needed to practice law, although yet another legislative shenanigan provides that a practicing certificate is not necessary for 'lawyers' working for public sector entities.
Compliance of senior citizen organizations and community legaal centres is assured by way of bribes which are believed to be bankrolled by the Gambling Benefit Fund. Not surprisingly, the PTQ gets to use this slush fund to induce what would otherwise be honorable entities to support the predatory antics of the PTQ.
Carers Queensland openly admits to accepting dirty money to produce a series of YouTube videos extolling the virtues of the OPG, PTQ and QCAT kangaroo tribunal, and Caxton Street Legal Service is also funded by the PTQ. An even more 'interesting' interesting example of PTQ skullduggery is its retention of spotters (typically social workers) in the hospital system. It is understood that these spotters are paid by cash deposits into offshore bank accounts to refer potential merchandise (PTQ internal term for victims with assets) to the QCAT kangaroo tribunal. Needless to say, the kangaroo tribunal invariably decides that the victims lack capacity to manage their own affairs and that there is family conflict and undue influence (both created by the kangaroo tribunal) which supports the decision made prior to any hearing to deliver the merchandise to the PTQ for asset plundering.
The reader is invited to form his or her own opinion regarding the possibility / probability of further inducements by the PTQ for supply of the merchandise, although those who have personally witnessed interactions between PTQ operatives and kangaroo tribunal quasi-judges are in no doubt that there are 'interesting' features which lead to considerable apprehension about the relationships between the parties. Despite almost complete media cover-up and protection of the PTQ and its incestuous cohorts, the odd snippet is mentioned. Several years ago, a Courier Mail reporter revealed a PTQ internal memo requiring all staff dealing with a deceased estate to delay settlement until the maximum possible fees had been imposed, and more recently another report exposed a matter in which the 'client' had been deceased for weeks before the NSWTG became aware of his plight. A comparable event occurred in the Brisbane northside suburb of Banyo in 2018, although there was no media coverage on that occasion.
In addition to the extortionate fees and charges mentioned in the previous post, there are also massive legal fees and charges which are never disclosed unless a victim dies or escapes the clutches of the guardianship racket. There are only three known instances in Queensland of a victim regaining capacity to manage their own affairs, Bucknall QSC09-128, Maher QCA11-225 and Marmin G29078 in 2017. In all cases, the full extent of PTQ embezzlement was only discovered months after the victory. In a current matter, the PTQ is believed to have helped itself to some four million dollars of the victim's fifteen million dollar estate, however numerous requests for provision of complete financial statements have all been totally ignored. Something worth mentioning is that the PTQ legal department is permitted and even encouraged by the kangaroo tribunal to use the victim's money to fight the victims attempts to escape the PTQ / guardianship racket web, however despite legislation providing that a person with impaired capacity has automatic right to legal representation, the PTQ consistently refuses the victim access to their own funds to fight the PTQ / guardianship racket.
Source : https://enableme.org.au/Community/Forums/View-topic?id=7cae0b95-e248-4401-aef8-a6490e701e77
Comments: Shay Taylor - Monday, February 04 2019, 19:56
My names Shay I'm having a hearing on March 22 ,2019. I have been on Public trustee Southport Queensland after breaking a cycle of family abuse for me and my son .Moving us from Victoria to Queensland ,not long after that my nervous system shuts down and in hospital paralyzed from the neck down.
I Lost my home during my recovery and my son was put in a youth shelter and I was put on an adult guardian and a public trustee, without my consent.
As I recovered a hearing was held at Carra where I was undergoing pyhsio therapy and I was released from the adult guardian and at the time I felt it necessary to stay on the public trustee as I was now homeless.
My disability payments had stopped due to changes in the system also.
My financial administrator and I have never seen eye to eye and strongly feel a pure laçk of compassion.
I received my father's inheritance which is more like compensation for the abuse and neglect we all suffered from his hand. I honestly didn't expect anything I just wanted my brother's ashes that had been locked in the garage all these years.
Public trustee will not allow me to purchase a caravan as a forever home also won't allow me to give any to my son, Instead I got a reply "Can't he wait till your dead".
Seriously I'm so tired of fighting for what is rightfully mine in order to have the stable life I have never experienced.