Advocacy Tasmania: Aged care providers making “unnecessary” guardianship applications

Vulnerable residents at aged care homes are having to fight for control of their lives, as homes make unnecessary guardianship applications on their behalf. Here are some ‘invalid’ reasons given.

Aged care.

Aged care residents are increasingly having to fight for control of their finances and their lives as aged care providers make “unnecessary” guardianship applications on their behalf, Advocacy Tasmania says.

The organisations’s CEO Leanne Groombridge said there were recent examples where providers had made such applications, which would strip residents of access to the finances and shift decision making to the Public Trustee

She said one facility recently made three applications, but all were dismissed because they were without merit.

“A senior nurse told him that he would be able to get help having his bills paid and it would be good to have a guardian ‘just in case’ it was needed for the future,” Ms Groombridge said.

Advocacy Tasmania CEO Leanne Groombridge. Picture Supplied

“But, he wasn’t told about the complete loss of freedom he would experience if the Public Trustee took over control of his finances.

“In reality, had the order been granted he would not be able to spend his own money how he liked – he would have to go cap in hand to the Public Trustee if he wanted money for a new pair of trousers or to buy a Christmas gift.”

Ms Groombridge said she’d seen providers make unwarranted applications for reasons ranging from wanting forms to be signed or because a resident was “complaining” and “unhappy”.

She said providers needed to demonstrate a genuine need for guardianship and that it should be a last resort.

“We have seen facilities say that there was a need for an order as the resident didn’t want to do something or there were issues with a resident or family not paying their account due to a dispute and they wanted the Public Trustee to manage the resident’s affairs so their bills could be paid,” she said.

Aged care home. Photo: Kari Bourne / Sunshine Coast Daily

“Others have said it will help the resident ‘in the future’ or assist when a person doesn’t want medical or care services.

“These aren’t valid reasons to make an order to remove a person’s choice.”

Ms Groombridge said there were serious immediate and long term consequences for residents who lost control.

“They often tell us they feel they’re on trial yet they’ve actually done nothing wrong,” she said.

“They lose confidence and are continually worried that their freedom to live as they wish will be taken away.

“They lose trust in people and worry they may say the wrong thing so they become more suspicious of people and reclusive. It changes people.”

She said once an order was made, it was difficult to have it overturned.

“There needs to be a lot more education of aged care providers around resident’s rights, the impacts of guardianship on people, what constitutes least restrictive options and the many services that are available to assist people.,” Ms Groombridge said.

“There are actual free community services that can assist if people need help. People should always get help and advice if this is ever suggested.

“Being sceptical of people’s motives and vigilant about knowing and protecting your rights is always a good start.”