VIC illegal intervention order

[yvonneke]

For early eight months I have been fighting the illegalities of an interim intervention order. My brother is a guardian of my mother through Vcat. He and his hired so called carer have conspired to keep me out of my mothers life. I had been with my mother in hospital for one month before they took her back home. Mum wanted to live with me in my home. The carer took control of my mother on the first day mum came home, resented the fact that I rang my mum and came over to see her. They know I had put in a request to vcat to revoke their order. I had plenty of reasons to do so. My family had been bullying my mother cadging money out of her for years and neglected her and her safety.The first time I met the carer she accused me of not being able to look after myself, incapable and used a walker. Not long after I wAs served with an AVO. The AVO was served because of the carer because she wanted total control of my mother and lied continuously.. My mother is not party to this and his caused her a lot of grief. This carer uses the AVO as a weapon, calling the police on me without reason. Both my brother and the carer have called the police on mum on a number of occasions. My mum is now a very scared and frightened 96 year old and wonders why I her daughter is not allowed to visit her. We have been violated by the police and I lodged an IBAC investigation. I am afraid for mums mental state. This woman had bullied mum, manhandled her and is causing her grief. I have rung several elderly abuse numbers who all say that this woman should be sacked, but my brother won't because they are in cahoots with each other. I have a complaint by my mum stating that this woman is hard on her. My brother does not care. My brother has been obstructing justice right through the cases and lies continuously.
My brother continuous to breach his own intervention order. causing me to get into trouble. My mother cries for me continuously because she needs her own daughter. We believe that family comes first, it is a human right.

 

[Rod]

Is your mother capable of revoking the guardianship?

If not, then you'll need to go to court to contest the guardianship.

 

[Iamthelaw]

The intervention order and guardianship although somewhat related and in reality two separate things. Need a lot more information as well eg, is there also an order for administration from VCAT?, what are the details of the first order you make mention of? What type of guardianship has been granted? Did you receive notice of the hearing? Did you respond to that notice? Is the OPA involved in any capacity? Does your mother want you to be guardian? etc.

If administration has been granted over your mother in addition to guardianship then perhaps an avenue of inquiry that may benefit you would be for State Trustees to examine the finances to see if there are any discrepancies and/or they have been abiding by their obligations to lodge the annual reports they must lodge.

Even if no administration there are a number of conditions that the guardian must abide by, including but not limited to: taking into account the represented person’s wishes and giving effect to those wishes wherever possible when making decisions and encouraging the represented person, as far as possible, to make decisions and act for themselves. From what you've written it doesn't sound as though that has been occurring. I would also recommend you compile any and all the evidence you can in regard to your mother being mistreated as this will also assist, the OPA would also be interested in this too.

A key factor in VCAT granting guardianship is the wishes of the person in respect of whom the application is made, so far as they can be ascertained. If your mother states that she would like you to have guardianship, it would help your case a great deal. Ideally you should make contact with a practitioner that deals with guardianship and administration cases at VCAT in order better your chances in the revocation.

 

[yvonneke]

I was asked by VCAT to get my barrister to reply. At the moment I do not have one. I do have a brief to counsel for a hearing date on the 13 June, 2017. I also have received new documents from OPA I have been so tired lately because of all the stress.. I have a hearing on the 31st July, and then an application for rehearing for next month and another criminal charge the following month. The criminal charge is false. My brother has said though that he called the police each time, without knowing the truth of these matters.

 

[yvonneke]

My brother is a bastard who deliberately distorts the truth, refuses to give me the name of his solicitor or the names of the first two carers.