Investigation examples
The following stories are real examples of our investigations into allegations or complaints about abuse, neglect and/or exploitation of people with impaired decision-making ability. We have changed the names of the people involved and some other details to protect their identities.
Attorney daughter jailed for fraud
Linda lived in a nursing home and relied on her daughter Michelle to manage her finances as her attorney.
A concerned family member reported to us that Michelle wasn’t paying her mother’s nursing home fees — and instead was using her mother’s money to benefit herself.
After our investigation found both allegations were found to be true, we suspended Michelle’s financial powers as attorney for Linda for three months.
We applied to the Queensland Civil and Administrative Tribunal (QCAT) to appoint an administrator to manage Linda’s finances in the future.
We also referred the issue to the Queensland Police Service’s Fraud Unit, which charged Michelle with one count of fraud (‘dishonest application of property of another’).
Michelle was found guilty and sentenced to 18 months imprisonment, to be suspended after three months.
Michelle was also ordered to repay more than $25,000 to Linda.
Online romance scam leaves vulnerable adult homeless
Maya had no formal decision-maker in place when the Queensland Police Service referred concerns to us about her circumstances.
Our investigation revealed that Maya, who had impaired decision-making capacity, believed she was in an online relationship with a celebrity overseas. She was convinced the relationship was genuine and, over time, sent large sums of money through bank transfers and cryptocurrency. To fund this, Maya, sold her home and car transferring all of these funds to the scammer, used her pension and eventually lost her job. With no savings left, Maya became homeless.
Through our investigation and consultation with family members, health services and other stakeholders, it became clear that Maya could no longer protect her own interests. We applied to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of the Public Guardian for personal/health matters and the Queensland Public Trustee for financial matters.
The Tribunal approved both appointments. With these supports in place, Maya is now living in stable accommodation and has access to health care and community supports. She is no longer at risk of exploitation and is thriving in the community.
Widower’s attorney withholds care fees
Henry was an 86-year-old widower who had lived in residential aged care for four years.
It was reported to us that Henry’s aged care fees hadn’t been paid for several months, resulting in a $19,000 debt.
We obtained medical information confirming Henry had dementia and was unable to make his own financial decisions.
A copy of Henry’s enduring power of attorney document showed that Henry’s son was his attorney.
The residential aged care provider told us the son had not paid Henry’s fees despite being contacted repeatedly.
Property searches confirmed Henry owned the house his son was living in. However, his son was not maintaining the house adequately.
When questioned, the son defended himself and said that he was the sole beneficiary of his father’s estate and so he was entitled to Henry’s money and assets.
We suspended the son’s financial powers as attorney for Henry and applied to the Queensland Civil and Administrative Tribunal (QCAT) to appoint an administrator for Henry.
QCAT revoked Henry’s enduring power of attorney and appointed the Queensland Public Trustee for him.
We also referred the case to the Queensland Police Service.
Granddaughter supported to become decision-maker
We received a request for investigation from Joanne who was the granddaughter of Margaret. Margaret was living with her son Ken, who had intended to support his mother, but due to his own mental health concerns was unable to act as carer and decision maker for Margaret. Margaret was unable to independently manage her daily tasks, she had lost a significant amount of weight and there were no support services in place for Margaret.
The Investigations Officer assessing the request for investigation spoke with Joanne about Margaret’s circumstances and provided information about services that were available for Margaret. Joanne was quite distressed and wanted to support grandmother but was unsure of how to take on the role of decision-maker for Margaret. The Investigations Officer provided Joanne advice about the responsibilities of a decision-maker including how to apply to QCAT to seek such appointment.
Armed with the knowledge and guidance of how to navigate this process, Joanne arranged for a Geriatrician to assess her grandmother and applied to QCAT to be appointed as Margaret’s guardian and administrator. This meant that Joanne as a family member could help Margaret remain living independently in her own home receiving the supports she needed.
Guardian provided referrals and education to improve decision-making
Concerns were raised with OPG about whether Nigel, who was appointed by QCAT as a guardian, was making appropriate medical decisions for Michael. Michael, who lived with impaired decision-making ability from birth, had ongoing dental issues and was experiencing pain that was not being properly managed. The pain was affecting Michael’s behaviours and impacting his daily living. There were also concerns about improper use of medications, without consideration of Michael’s broader health needs or long-term risks.
OPG investigated and spoke with health professionals regarding Michael’s needs. Through education and connecting Michael and Nigel with the appropriate supports, the guardian came to better understand the implications of their decisions and the importance of balancing medical treatments with the adult’s overall wellbeing.
Nigel has engaged more proactively with Michael’s general practitioner, dentist and anaesthetist to make informed decisions about Michael’s treatment. This has led to improved health outcomes and a better quality of life for Michael.
This case highlights how support and education can empower guardians to fulfil their responsibilities more effectively, ensuring that vulnerable adults receive appropriate care.
Attorneys guilty of ‘conflict transaction’
Jean appointed her adopted son Kevin and his wife as her attorneys.
Later, Jean was diagnosed with dementia and started showing signs of cognitive impairment and inability to make her own decisions.
This included short and long-term memory loss, confusion about her assets, which bills had been paid, and whether she’d withdrawn money from the bank for her weekly expenses.
Though Jean was a frugal person, she began discussing the need to buy things for her family so they would continue to care for her.
Her funds were subsequently used to purchase a home and motor vehicle for Kevin and his wife, amounting to around $500,000.
When we received a report that Jean was being financially abused by Kevin and his wife, we investigated.
We found the couple had breached several sections of the Powers of Attorney Act, including entering into a ‘conflict transaction’ without authorisation. A ‘conflict transaction’ is one in which there is a conflict between a financial attorney’s duty to act in the best interests of the principal — in this case Jean — and the attorney’s own interests.
Kevin and his wife claimed that Jean wanted to give them $500,000 and produced a hand-written letter signed by Jean. The letter was written around the time the money was transferred into their account when Jean no longer had decision making ability.
We discovered Kevin had written the body of the letter and asked Jean to sign it.
We suspended Kevin and his wife’s power to make financial decisions for Jean and the Queensland Public Trustee (QPT) was appointed as Jean’s administrator in the interim.
We applied to the Queensland Civil and Administrative Tribunal (QCAT) to appoint a long-term administrator for Jean to ensure her finances were managed properly into the future.
Woman with dementia exploited by attorney son
Gladys was a 73-year-old woman who had been placed in residential aged care after being diagnosed with dementia.
She had significant assets, including four properties that she owned.
Instead of the properties providing an income for Gladys, two were occupied rent-free by her son and daughter and their families.
A third property that had been earning a rental income didn’t have any tenants, which left Gladys with little income as a self-funded retiree.
Gladys’s son John was appointed as her attorney.
Because Gladys had little income, she was unable to pay her aged care fees and was $17,000 behind in her payments.
Instead of arranging for Gladys to earn a rental income from her real estate holdings or to sell one of the properties to pay for her care, John removed Gladys from the aged care facility.
He then kept her in a locked room under the house he lived in.
When someone in the community reported their concerns about Gladys’s living conditions to us, we investigated.
When we visited Gladys with a local support service, she was locked in her room and had soiled herself.
We discovered John and his wife had gone on holiday a day earlier, leaving their children and Gladys in the care of a young au pair with no experience caring for a person with dementia.
We learned Gladys’s dementia had progressed to a point where she needed to be prompted to do essential things, like drink water and go to the toilet.
We also found out that when home help visited, they frequently found Gladys locked in her room by herself and with no access to a toilet.
To make matters worse, John was spending her small income on himself.
With no-one at home to care for Gladys properly, we called an ambulance and she was transported to the local hospital.
By failing to manage Gladys’s funds appropriately and ensure her care needs were met, John had breached multiple sections of the Powers of Attorney Act.
We suspended John’s powers of attorney to protect Gladys from further harm.
During the suspension, the Queensland Public Trustee (QPT) made financial decisions for Gladys and we (the Public Guardian) made personal (including healthcare) decisions for her.
We applied to the Queensland Civil and Administrative Tribunal (QCAT) to appoint an independent administrator and guardian for Gladys.