Investigation: Sick pensioner claims Public Trustee sold his belongings without his permission

“They never even left me a cup.” The office of the Public Trustee has been accused of “inhumane treatment” after it allegedly sold an aged care resident’s possessions without permission.

THE Ombudsman is investigating the “inhumane treatment” of a Hobart pensioner who advocates say was trapped in aged care while his treasured belongings were sold without his consent.

Advocacy Tasmania chief executive Leanne Groombridge lodged a formal complaint on behalf of Michael Burles last December and is seeking financial compensation for Mr Burles because of the actions of the Public Trustee.

Ms Groombridge said Mr Burles’ case was one of many involving older Tasmanians seeking help and complaining about a lack of consultation, mostly when they are hospitalised.

Read Michael Burles’ story below

“When Mr Burles was in hospital, the Public Trustee sold his belongings or took them to the tip without his consent,” she said.

“It just seems like an easy way out. They keep people in the dark by telling them nothing about what’s going on behind the scenes and don’t focus on their recovery so that they can continue to live in the community after an illness, and then just move them into aged care.

“It all starts when they enter our hospital system. It’s just devastating.”

Ms Groombridge said the Public Trustee also cancelled a funeral plan Mr Burles had been paying for 11 years.

“Mr Burles does not recall the Public Trustee having any discussion with him about his belongings or his finances, nor does he have any written advice to confirm any attempt to communicate with him, or to inform him of the decisions being made on his behalf,” she wrote to the Ombudsman.

“Mr Burles is rightly devastated about his treatment.

“He is also incredibly concerned that his experience may not be an isolated event and he wishes to raise this complaint to prevent other people from experiencing such inhumane treatment where their rights are flagrantly disregarded.”

Advocate for Advocacy Tasmania Kate Paterson alongside Resident at Glenview Aged Care in Glenorchy, Michael Burles. Picture: Zak Simmonds

A spokeswoman for the Public Trustee’s office said when appointed by the Guardianship and Administration Board their role was to manage a person’s financial affairs.

“The Public Trustee manages the affairs of over 1000 Tasmanians and each of our clients will have varying financial issues that are quite often challenging to resolve,” she said.

“We are aware of the concerns that have been referred to the Ombudsman and have provided information to assist with their inquiries and look forward to the outcome of their review.”

Ms Groombridge said guardians and the public trustee were often appointed without proper assessment or involvement of the actual person.

“The hospital social workers and doctors can get an emergency order that stops a person from leaving hospital and once that happens, it’s very difficult to get it removed.

“Things are put in place to transition them to aged care against their wishes.

“Then, of course, guardians and public trustees make decisions without consulting the person and the person’s life falls apart very quickly.

“We had one client who was detained for months in a state hospital and when finally released they simply left the state as this was the only way to regain control of their life.”

Advocacy Tasmania helps more than 4000 vulnerable Tasmanians each year and says Tasmania’s Guardianship Act is the oldest in Australia and needs to be updated to give people the right to make choices for themselves.

If you have a complaint or reason for concern, call Advocacy Tasmania on 1800 005 131

‘They never even left me a cup’

AS he struggles with living in an aged care home, Mick Burles fears he will die a pauper.

Until last year the 71-year-old was living happily in a rented unit at Rose Bay.

He had worked as a painter for 50 years, never missed paying his rent and was coping well on his own.

But a fall landed him in hospital and his life changed forever.

“I had a hip operation and a screw came loose and it got infected, so I’m on antibiotics for the rest of my life,” Mr Burles said.

“My ambition was to try to walk on my own.

“I put in 110 per cent, but I just couldn’t do it.”

During his time in hospital he said the Public Trustee took over his affairs and sold his belongings.

“They took everything. I had nice furniture and a new fridge that I was paying off,” he said.

“They never even left me a cup. They gave me $1000, which was a joke.

“Even if they thought I had dementia, why would they take all my stuff?”

Mr Burles, whose partner died, has no children and had, over 11 years, paid $7000 to a funeral insurance company.

“That was cancelled and now I’m worried I’ll go as a pauper,” he said.

Advocacy Tasmania chief executive Leanne Groombridge said Mr Burles’ case was an example of how quickly a person’s life could change irrevocably.

“This isn’t just Michael this is happening to,” she said.