My partner intends applying in the near future to Kangaroo Courts QCAT for a declaration of capacity. She has ongoing aphasia (communication issue) consequent to a stroke and significant anxiety disorder (at least partly due to a previous QCAT event) and will have at least four positive capacity reports. That said she has no impairment of consequence other than the aphasia.
According to QCAT rules (which they clearly regard as optional) she has automatic right to representation, consequently there should be no need to inflict more trauma on her by forcing her to appear in person. In any case she would probably be unable to talk clearly due to the combination of expressive aphasia and anxiety when stressed (she can crap on perfectly fluently for hours with friends). That said, QCAT members 'like' to have their victims available so they can be harassed / intimidated / traumatized.
For the peanut gallery, I've personally witnessed this on several occasions and have heard comparable reports from many other victims and carers. Official QCAT documentation threatens discounting of evidence (read totally disregard it) should the victim not appear, however given multiple letters from medical and allied health professionals stating that her attendance is inadvisable, not recommended and potentially harmful, is QCAT entitled to act on the documented threat ??
According to QCAT rules (which they clearly regard as optional) she has automatic right to representation, consequently there should be no need to inflict more trauma on her by forcing her to appear in person. In any case she would probably be unable to talk clearly due to the combination of expressive aphasia and anxiety when stressed (she can crap on perfectly fluently for hours with friends). That said, QCAT members 'like' to have their victims available so they can be harassed / intimidated / traumatized.
For the peanut gallery, I've personally witnessed this on several occasions and have heard comparable reports from many other victims and carers. Official QCAT documentation threatens discounting of evidence (read totally disregard it) should the victim not appear, however given multiple letters from medical and allied health professionals stating that her attendance is inadvisable, not recommended and potentially harmful, is QCAT entitled to act on the documented threat ??