Advocates are calling on state governments to act on findings from the Disability Royal Commission about people under public guardianship orders. In most states, decisions made for people under the orders are about what's in their 'best interests' rather than what the person actually wants. But multiple inquiries have found decision making is a fundamental human right and the laws need to change.
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00:00No, the answer is no.
00:06It's hard to watch.
00:08This is just before 89-year-old Margaret was taken away from her nephew's home by authorities
00:13in October and back to an aged care home where she does not want to stay.
00:18It's like when you go to see a horror film, you expect to see it.
00:23I didn't expect it to happen to me.
00:25Margaret is under public guardianship in New South Wales, which means the state makes decisions
00:30about where she lives and we can't identify her.
00:33Her case is complex.
00:35Her daughters don't want her to live with her partner of almost 40 years, Henry.
00:39They say he's controlling and there are records police have intervened for domestic violence.
00:44Her nephew says he's witnessed no physical violence.
00:48I've known them for 38 years, 39 years and never seen it.
00:53In February, police did a welfare check on Margaret and took her to hospital where she
00:57disclosed she was frightened of Henry at times and was diagnosed with dementia.
01:03She was placed under guardianship and put in aged care for her own safety, but what
01:07she wants is to return home.
01:10I'm getting old now.
01:11I don't know how much time I've got left in my life.
01:14I want to spend it with the man I love.
01:17We just want to have our freedom, live as normal a life as possible.
01:21Her nephew has also said Margaret can live with him, but the public guardian has argued
01:26her care needs are too high for that to happen, even though she did spend almost two months
01:31this year at his home on short-term leave.
01:34They just don't listen to the person's wishes.
01:37It just defies logic.
01:40The anomaly is if Margaret lived in Tasmania or Victoria, it's more likely she'd be able
01:46to live where she wants.
01:48That's because those states have implemented changes that take into account what someone
01:52under a guardianship order wants first and foremost, unless they're at risk of serious harm.
01:58Advocates won't comment specifically on Margaret's case, but they do say other state governments
02:04need to change their legislation.
02:06There was times where there's a bit of protectionism and maybe still goodwill of actually making
02:12sure that no harm is coming to someone.
02:15But the pendulum has probably swung too far the way where we're not allowing people to
02:21make their own decisions or take their own risks.
02:24The public guardian now says it will sell Margaret's house to fund her aged care place,
02:29a move some of her family will fight.
02:32I want my rights back.
02:34I'm a human being with feelings.
02:37What they've done to me is so cruel.
02:40The NSW public guardian said current legislation required it to give paramount consideration
02:46to the welfare and interests of the represented person.