Advocacy Tasmania pushes to overhaul state’s ‘draconian’ guardianship laws

An advocacy group has been overwhelmed by the response to a Hobart pensioner’s “devastating experience” with the Public Trustee, saying the case has “opened the floodgates”.

ADVOCACY Tasmania will step up its campaign to have “draconian” guardianship laws changed so people who are hospitalised do not lose control of their lives.

Chief executive Leanne Groombridge said the organisation, which helps thousands of Tasmanians each year, was overwhelmed by support for Hobart pensioner Michael Burles who has taken his case against the Public Trustee to the Ombudsman.

She said the response to Mr Burles’ “devastating experience” has been overwhelming and he had been buoyed by the level of support for his plight.

“We have received so much feedback on social media and so many calls and emails,” Ms Groombridge said.

“There are those who have expressed shock and dismay that this sort of thing could even happen in Tasmania and then there are the many, many reports from people who have similar horror stories to tell.

“It has absolutely opened the floodgates and this is so evident from the comments on our Advocacy Tasmania Facebook post. Tasmanians are demanding action.”

Ms Groombridge said people were speaking out and sharing their stories.

Advocacy Tasmania CEO Leanne Groombridge.

“It has been shocking to hear that so many have suffered – individuals, families and friends have either had first-hand experiences or witnessed this broken system’s failings,” she said.

“Our campaign to have state hospitals appropriately consider their patients’ rights and focus on recovery so that they can return home, and to have this draconian legislation changed, is really gaining momentum.

“The majority of people are saying that they went to hospital and then ended up losing control of their lives with someone deciding where they live, controlling their money and their lives left in tatters.

“It might start when people enter the hospital but their lives are forever destroyed when guardians take control and the Public Trustee does whatever they like with their money.”

The Public Trustee’s office said it manages the affairs of more than 1000 Tasmanians and people have varying financial issues that can be challenging to resolve.

When appointed by the Guardianship and Administration Board the Public Trustee’s role is to manage a person’s financial affairs.

Advocacy Tasmania’s Kate Paterson with Michael Burles, who has taken his case against the Public Trustee to the Ombudsman. Picture: Zak Simmonds

The Sunday Tasmanian reported on Mr Burles’ case in which Advocacy Tasmania said he had been treated “inhumanely” by the Public Trustee while he was hospitalised.

Ms Groombridge said Tasmania currently had the oldest Guardianship Act in Australia, which she said actively removed the rights of people with disability to make choices for themselves.

“The Tasmanian Law Reform Institute finished their review into this Act back in 2018 and recommended a sweeping reform of the system and this needs to happen now,” she said.

“Currently, in Tasmania, you can have someone else appointed to make important life decisions for you if you have a disability and a tribunal believes you are unable to make ‘reasonable decisions’ and need someone else to make them for you.”