@ John Bell: This is not a tribunal appointed power …

Comment on Old Timers Village resident locked in by Ralph.

@ John Bell: This is not a tribunal appointed power of attorney.
The daughter organised it and she has it.
This would be an enduring power of attorney.
She has complete control of all assets and can do what she likes with them.
Alan has been deemed to have lost capacity so cannot own anything or make decisions.
He is really a non person in many respects.
In law he has no interests, he is completely powerless.
The enduring power of attorney is a powerful instrument, sometimes necessary but also risky.

Ralph Also Commented

Old Timers Village resident locked in
If Alan simply signed over a power of attorney he doesn’t need a lawyer to revoke it. There is a freely available form for this purpose on the internet.
If he has been deemed to have lost capacity he needs to be assessed again because he does not present as someone who has lost the capacity to make decisions over their own affairs.

Old Timers Village resident locked in
Dr Who: The attorney can make decisions about property and financial affairs. This means that they can operate bank accounts, pay bills, and sell or buy property (such as your house or shares).
In some cases this is necessary, e.g. to pay for the old person to get into a nursing home. But there is no restriction on the use of the money.
The daughter is legally entitled to sell the property and use the money in any way she likes.
Alan has been deemed to have lost capacity an is powerless and completely in the hands of his daughter.
She has done nothing wrong in law.
The only challenge possible is to the issue of capacity and that is well worth taking up.
If another doctor says he has not lost capacity he can regain control over his own finances.

Old Timers Village resident locked in
One assumes that Alan has been medically examined and declared to have lost capacity.
If this was not the case he could cancel the power of attorney himself.
It would be useful to look at that document and follow up with the certifying medical specialist.
If that document is suspect in any way, for example forged or the daughter exerted undue influence on its execution there could be a criminal matter.
With the current attention on elder abuse the daughter would have to be very careful and not sell Alan’s property.
When he gets a lawyer an order will be taken out prohibiting the daughter from selling his assets so he needs to move quickly on the legals.
As for the Old Timers, I have visited there and was surprised at the extent of locking old people up.
I was privileged to talk with [name deleted] and was surprised to find that she was also locked down, not in a small room but nevertheless behind a locked door.
She seemed fine to me.

Recent Comments by Ralph

Little progress with $64m management system for trouble kids
These management systems are outsourced to Indian IT companies.

Little progress with $64m management system for trouble kids
Information management systems with magical capabilities have an unfortunate history in the NT.
The need for them emerges when governments have run out of solutions to major problems.
This one is claimed to “get young people out of the cycle of crime”.
Similarly IMOS was designed to break the cycle of recidivism and reduce the numbers of prisoners in our jails.
IMOS took twice as long to make and cost more than twice its original budget.
It was a near useless system, mismatched to on the ground realities and the needs of Corrections staff.
For political reasons it was never used to research which programs actually worked in reducing recidivism.
This case management system will also blow out in cost and will not break the cycle of crime.
But with no answers it is timely, even if useless and yet more expenditure we can’t afford.

Dujuan’s moving story and its missing pieces
@ Meg: Thanks for your post. The need for Aboriginal children to have their histories, identities, languages and culture taught and valued in our education system inspires In My Blood It Runs. This is a timely message for our local schools.
I was shocked when I worked as a teacher at Yirara College to discover that Aboriginal histories, identity, languages and culture are ignored.
The students knew almost nothing of their own history but were familiar with the white history of Australia. What could be more important to identity than knowing your own history?
It was always my interest at Yirara to address the shortfall of Aboriginal history but it was not encouraged.
It struck me as unbalanced that Anzac Day, commemorating mainly white wars, is so important in the Yirara calendar that staff work on that public holiday in order to accompany students to watch the march.
By contrast there are Aboriginal heroes that could and should be celebrated.
I found the story of Jandamarra inspirational and taught it. Jandamarra was a Bunaba resistance fighter who fought against cattlemen trying to take over his people’s country.
His bravery is celebrated in the film Jandamarra’s War.
This was objected to at Yirara because Jandamarra killed white people and this was considered unacceptable.
Teaching and valuing Aboriginal histories, identities and culture also has the capacity to engage students and stimulate their learning. In place of the boring mainstream curriculum at Yirara that fails to engage students it could be an important breakthrough.

Anger with out-of-control kids: council needs to step up
Financial incentives and disincentives have been tried and both have failed.
All strategies aiming to throw the responsibility back on parents have not worked.
We must move on.
Of course schools can’t teach everything but it is reasonable to expect them to reinforce the values that are under threat, namely respect for western rules and property.
Teaching values has always been part of schooling and is not an additional burden.
There is evidence reported by the Alice Springs News that some schools are part of the problem rather than the solution.
In my opinion it is timely to examine the part that schools are playing or not playing in the Aboriginal youth crisis in our town.

Anger with out-of-control kids: council needs to step up
@Jack1 Of course parents should step up but that sentiment has been expressed dozens of times and it is clear that they won’t or can’t.
We have to go beyond wishful thinking.
It is logical to try to influence these kids on their first contact with our institutions and that’s school.
Yipirinya at the primary level and Yirara for secondary are the main ones.
Imagine the benefits of heading off these kids at an early age, before they become street criminals and in time prisoners at the local jail.
Michael Liddle says that Alice Springs has people who have no regard for western rules or property within the municipal area of Alice Springs.
Schools are not responsible for this or at fault but they should be addressing the issue as far as they can in my opinion.
Having regard for western rules and property should be part of schooling.

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