“I’ve just been put in this prison. I’ve lost my bloody life.” That’s Dan who, because the state ruled him incapable of looking after himself and he doesn’t have loved ones to step in, lives his life under the control of the WA Public Trustee/Advocate (🧵) abc.net.au/news/2023-03-2…
It’s unlikely many of you would be familiar with the public guardianship system; maybe your only touchstone with it is Britney Spears' experience. Essentially, it’s when you’re placed under an order that appoints a public official to make lifestyle and medical decisions for you.
People rightly assume this system works in their best interest – that is, after all, its purpose. But my office has been recently contacted by an alarming number of constituents concerned about the conduct of the Public Trustee.
I am hearing time and time again that the system lacks compassion, that it is not available to make decisions in time-critical situations, and that it is costly – both financially and, let’s be real, in terms of people’s physical and mental health.
Overwhelmingly, this is an issue that impacts disabled people. In WA, of those people under guardianship orders appointing the Public Advocate, about 1/3 are intellectually disabled people and 15% have an acquired brain injury.
Folks under public guardianship are often subjected to orders that deny their capacity to make their own decisions and have their possessions sold without their knowledge. It’s also not uncommon for medical professionals to treat them in paternalistic and controlling ways.
Stories like Dan’s are heartbreakingly too common; there are 1000s of people around Australia in similar situations. The system needs urgent reform: public guardians and trustees need to be subject to increased scrutiny, and journalists should be legally able to report on abuses.
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