Medical Power of Attorney is invalid in the Northern Territory of Australia. Shocked? So was I. And Rob, who has been mentally ill with schizophrenia since childhood as well as quadriplegic, was not only shocked but terrified. Being terrified was not too strong a reaction given the many unpleasant experiences unleashed upon both of us since taking him into my care in 1994. We were told about this unsettling revelation by an appointed hospital based social worker about two years ago while he spent thirteen months in hospital hell. That piece of paper we were waving around for some time meant zero, zilch; much to her delight and the delight of a handful of newly enlightened hospital doctors and more than a few department workers. The doctors and various department workers thought the Enduring Power of Attorney was valid until Miss Social Worker arrived on the scene.
Having had the not so legal document drawn up by a private Darwin legal service and paid for in cash during 1998 to curb harassment by doctors and government department workers I thought Miss Social Worker must have had the facts wrong. I went to another firm and Miss Social Worker and the hospital’s legal team were dead right. Trust a hospital here to know all the ‘laws’ that render the vulnerable minority groups in the Northern Territory such as the mentally ill, severely handicapped, aged or brain injured – and their families and/or carers - near helpless when faced with a medical issue. Apparently the rest of the Enduring POA was valid regarding Rob’s right to choose me to handle his finances and sign certain documents as he had given permission for me to be his signatory. Except of course for medical situations where sometimes my signature was permitted in the presence of witnesses just to make sure I was not holding a gun to Rob’s head. But that was not enough for Miss Social Worker who, even before meeting me, was harassing Rob to sign papers that would invalidate the entire POA. As long as I had a POA he would never be ‘free’ she and two others concluded.
I had been approaching the Ombudsman’s office on Rob’s behalf to report what we felt were various human rights violations before the POA revelation. But as soon as I reported to this office that the medical side of the Enduring POA was invalid they were legally bound to immediately cease any further investigations unless Rob reported issues himself. So the mythical yellow brick road to the Ombudsman was close as tight as a clam. I could hear the collective sighs of relief that our too politically too hot to handle situation had fallen through a massive loop hole and hopefully would become someone else’s headache. This sent more shock waves through Rob’s already confused and fearful state. Now Miss Social Worker and Co had more to celebrate as they knew Rob would be incapable of knowing when or what to report or what he should and shouldn’t sign.
Signing papers was a long standing joke between Rob and me that we freely shared with others who were also rather appalled over what we had learnt regarding signatures. When we first got together I bought Rob an ink pad since he could not write unless typing with one finger on a computer key board. I though his scribbled and always different ‘X’ that he struggled to scrawl on any paper after a major battle to secure any writing implement between his fingers should be replaced by his finger print –easier and surely more ‘legal’. It was confirmed while taking out the Enduring POA that Rob’s ‘X’ was actually more ‘legal’ than his finger print. Though lawyers’ incorrectly thought a Medical POA in the Northern Territory was valid the apparently lesser valued finger print info was correct though it had been permissible on a marriage certificate and a certain medical directive witnessed by Justices’ of Peace. ‘Madness’ is all I could say to the lawyers concerned and continue to say as I help Rob on occasion to ‘write’ his mark that any three year old could forge. It was no surprise that Miss Social Worker also knew about and wanted the ‘X’.
So the medical and departmental ‘powers to be’ mostly ignored my directives on the most appropriate and safe physical care needed for Rob after 16 fulltime years as his carer. Ignored also additional warnings from both of us, including his case manager, regarding the dangers his mental illness sometimes posed to him if not watched. The essential emotional and mental support of constant love, compassion and, if not understanding, at least some compassion for an individual whose brain tinkered on the brink of chaos daily was rarely implemented so thirteen months of hell for both of us followed due to the loss of the Medical POA.
If it had not been for the majority of wonderful, caring, and very hard working nurses trying their very best to comfort Rob and me without being ‘sprung’, or they’d get the sack, both of us would not have survived. Only three doctors out of the many that came and ‘looked’ at Rob like some lab specimen had any genuine compassion and respect for Rob or myself. I rarely publically praise these temporarily stationed doctors for their refreshing attitude or they would have been ostracised in the hospital or warned not to go against the opinions of permanent, dictating, long established, irremovable doctors who frequently intimidated their ‘lesser’ colleagues. In other words ‘tow the line’. Rob and I both had to pretty much keep our appreciation and reciprocated respect towards these three doctors and the majority of nurses between them and us.
And what was Rob – a gentle and most beautiful soul totally dependent on others for all his needs – forced to do to defend himself with no one to advocate for him? He refused to eat on several occasions. How shameful when a human being is forced to take such radical action to protect him or herself from those claiming to protect those of us in most need of protection, help and support. And all I could do was support his actions and advise him not to sign anything unless I first read it and explained its contents and any consequences. And where was Rob’s private psychiatrist during this thirteen months of hell in a public health sector? That is our next shocking revelation reserved for later.
Here I say thank you to those who helped us and continue to do so. And to those who attempted to strip Rob of any control over his life and run me out of it and still attempt to? I can only say shame on you all. But to such ones with arrogant minds, injurious hearts and seemingly lifeless souls, any sort of words and reasoning are wasted as you all laugh amongst one another, as I’ve seen with my own eyes, knowing any laws regarding Human Rights are essentially invalid in the Northern Territory.
http://www.sam-davies.blogspot.com/
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I swore never to be silent whenever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. - Elie Wiesel
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