A while back, the UK, well known for its universal healthcare system implemented a Court of Protection. Its sole purpose was to protect and safeguard the lives of the elderly, physically and mentally impaired. However, power corrupts.
Under the guise of protecting the elderly, physically and/or mentally impaired, the Court of Protection has instead seized much of their assets while drastically diminishing the rights and freedom of the individuals along and against the wishes and rights of family members.
Get this; its purpose is to legally take action in cases where the individuals are without “living wills” or a “lasting power of attorney” and “deemed unable to make their own decisions.”
Of course, the UK’s government has conveniently recommended that everyone should have living wills, although the news has yet to reach most of the citizenry.
In less than a year and a half, there were over 3000 complaints from families who accuse “officials” of failing to allow their participation in the process, denying them their due diligence, charging exorbitant fees, raiding bank accounts of the elderly, physically and/or mentally impaired along with raiding their homes allegedly “searching for documents.”
I question the justification of these “officials” entering the homes of those unable to protect themselves to “search for documents.” No valid argument exists that would allow them to do so without the permission of the individual or a family member, not in a democracy or free society anyway.
Moreover, it should be the responsibility of the family member(s) to seek out these documents and bring them forth. The government officials are out of place and something is clearly very wrong.
To date, this draconian government tribunal has collected in excess of £3.2bn from those they have deemed unable or unfit to represent and/or care for themselves. Wth?
Threatening: The Court of Protection's anonymous London tower block
- “3,000 complaints in first 18 months of new system
- Families made to pay to access own bank account
- Homes of elderly raided in search for documents
A secret court is seizing the assets of thousands of elderly and mentally impaired people and turning control of their lives over to the State – against the wishes of their relatives.
The draconian measures are being imposed by the little-known Court of Protection, set up two years ago to act in the interests of people suffering from Alzheimer’s or other mental incapacity.
The court hears about 23,000 cases a year – always in private – involving people deemed unable to take their own decisions. Using far-reaching powers, the court has so far taken control of more than £3.2billion of assets.
The cases involve civil servants from the Office of the Public Guardian (OPG), which last year took £23million in fees directly from the bank accounts of those struck down by mental illness, involved in accidents or suffering from dementia.
The officials are legally required to act in cases where people do not have a ‘living will’, or lasting power of attorney, which hands control of their assets over to family or friends.
But the system elicited an extraordinary 3,000 complaints in its first 18 months of operation. Among them were allegations that officials failed to consult relatives, imposed huge fees and even ‘raided’ elderly people’s homes searching for documents.
Carers trying to cope with a mentally impaired loved one, forced to apply for a court order to access money, said they felt the system put them under suspicion as it assumed at the outset that they were out to defraud their relatives.
Opposition politicians said the system, set up by Justice Secretary Jack Straw, needed to be overhauled to take account of the fact that most people were ‘honourable and decent’ and had their loved ones’ best interests at heart.
The Government now says everyone should establish a lasting power of attorney to state who should look after their affairs should they become incapacitated – although most people will be utterly unaware of this advice.
Only 60,000 people in Britain have registered these ‘living wills’ with the authorities, and the problems begin when someone is suddenly, unexpectedly mentally impaired.
Without this document, relatives must apply to the courts and the anonymous OPG, part of the Ministry of Justice based in an office block in Birmingham, is required to look into the background of carers to decide if they are fit to run the ill or elderly person’s affairs.
The organisation has 300 staff, costs £26.5million a year to run and is headed by £80,000-a-year career civil servant Martin John, a former head of asylum and immigration policy in Whitehall. It prepares reports for the Court of Protection, based in a tower block in Archway, North London.
In many cases relatives have to complete a 50-page form giving huge amounts of personal information about themselves, their family, their own finances and their relationship with the person they wish to help care for.
The majority of applications are decided on the basis of paper evidence without holding a hearing. But applications relating to personal welfare, or large gifts or settlements, may be contentious and require the court to hold a hearing to decide the case.
These hearings, before a senior judge, examine evidence and witnesses, who can be compelled to appear. The court has the same powers as the High Court, but is closed to all but the parties involved in the case and their lawyers. The Press and public are banned.
The presiding judge then decides whether a family member can become a ‘deputy’ acting for their mentally impaired loved one. If no one is available, or if the judge decides a family member is not suitable, the court can appoint a local authority or in some cases a solicitor to carry out the task.
The OPG then charges an annual fee of up to £800 to supervise the activities of the deputy, whether they are a family member or a professional appointee. ….
Some might say I am reaching and some may even go so far as to accuse me of fear mongering, but I do not agree, nor do I care.
Since last year’s election, the United States has moved so much closer to becoming totally engrossed in the “new world order.”
From where I stand, under this new world order, there is no room for the elderly, physically or mentally impaired along with a few others.
During last year’s election, our now president did not take a millisecond of his precious time to address the elderly, physically and/or mentally impaired or their needs.
Further, since Obama has been in office, the only time he discussed anything respective to any of these groups was to say that there were no death panels in the healthcare legislation, the blue pill, red pill conversation and the cuts to Medicare.
To date, not one of these discussions have put the president, his administration or Democrats in a positive light when it comes to the elderly, physically and/or mentally impaired; and it does even less to soothe the concerns of these groups and/or their families.
My concerns are, therefore, warranted.
The same goes for the healthcare legislation that Obama and the Democrats are endeavoring to force upon Americans. We have witnessed the foundation of healthcare legislation bills that are not elderly, physically and/or mentally impaired friendly.
I strongly believe that part of the new world order will arrive on these shores in the form of Obamacare if we allow this flawed legislation to come to fruition, i.e., no room for the elderly, physically and/or mentally impaired, all of whom, of course will be the sacrificial lambs.
I say this because our present administration and the Democratic Party have proven that in their eyes, nothing and no one is sacred or out of reach.
In that vein, if Obamacare is passed, how long will it be before Americans without living wills are facing government tribunals that will pilfer their assets while further diminishing their freedom?
Victims of the system: Sunita Obhrai with her mother Pushpa, whose affairs she has been banned from looking after.
“Sunita Obhrai’s mother Pushpa has lived in council-run sheltered housing for 15 years. About two years ago, the 76-year-old widow started to become forgetful and once left the oven on, and the fire brigade had to be called.
Miss Obhrai claims that without her knowledge the local authority, Buckinghamshire County Council, were appointed to run her mother’s affairs.
She said: ‘They took over running my mother’s bank account and charged her over £1,000 a year in fees, and all they were doing was ensuring her rent and utility bills were paid by direct debit.
‘She is given just £20 a week pocket money. Council officials even came and searched her flat while she was asleep in her bedroom. They told me they had to retrieve documents so they could do their job. But someone should have been with my mother. It is unbelievable that they can behave in this way.’
Early this year Miss Obhrai applied to the court to take over from the local authority and oversee her mother’s finances herself. But the court rejected her appeal.
She said: ‘Many of our other relatives and friends wrote to the court backing me, but the court ignored them. I have never done anything to harm my mother, nor would I, but the council claims I am not a fit person to look after my mother’s affairs and there is little I can do to defend myself.’
The council said it could not discuss the case in detail, but did not deny that officials had let themselves into the elderly woman’s home uninvited and unaccompanied by a family member. A spokeswoman said: ‘The court has already deemed our action appropriate.’
An internet support group, Court of Protection Problems, reveals other struggles with the system.
One recent posting by ‘gillm1’, whose mother suffers dementia, said: ‘They are causing me so much stress and worry and I feel I am being treated like a criminal. Their letters are bullying and threatening and they completely ignore everything I say.
‘I have grown to hate them! They took years to process my application and I object strongly to the extortionate fees they are demanding.”
Continue reading…. If you click to read, be sure to read the comments.
What is going on in the UK is a sham. Those unable to care for themselves AND their families do not deserve to be swindled out of their life savings by greedy bureaucrats. The people are clearly being victimized by their government and are clearly the losers to this con game. This is no doubt a sweet deal for the government.
HOW DID WE GET HERE?