In Canada, Government runs you!

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Jadecristal

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http://www.canoe.ca/NewsStand/Columnists/Winnipeg/Tom_Brodbeck/2005/06/25/1103541.html

Sat, June 25, 2005
Stripped of rights
By TOM BRODBECK

Thomas Hanaway, 80, never asked the government to take over his life.

But that's exactly what they've done to the Second World War veteran, cleaning out his bank account, seizing his pension cheques and assuming complete control over his life -- without even asking him or his family.

Hanaway was diagnosed with Parkinson's disease last year but lives with his wife Grace Hanaway, 79, and their son Thomas Hanaway Jr., 47, who care for him in their two-storey North End home.

Hanaway, a bit of a surly old guy with a good sense of humour, can walk and carry on a conversation. He eats on his own. He receives daily visits from home care workers, who bath and care for him.

He appears clean and well taken care of and he likes to watch TV in his living room.

For an 80-year-old man, he seems relatively lucid.

Despite that, the province's chief provincial psychiatrist has deemed him unfit and has appointed the Office of the Public Trustee to take over all of his affairs.

His family can no longer make medical decisions on his behalf. And if he wants to spend his money, he has to get permission from the Public Trustee, which has stripped him of some of his most basic rights.

"I never asked for this," he told me, after I spent a couple of days with the family this week. "I don't want to be under their wing."

This is a story that should scare the living hell out of anyone approaching old age. And it should scare their families, too.

This isn't just a story about our nanny state overstepping its bounds a little.

This is about state control of our lives. It's about the arbitrary loss of your freedom.

"It's not like he's living alone and not being taken care of," said Tom Hanaway, Jr., who says he's in disbelief over what's happened the past two months. "We look after him."

Hanaway attends a day program for geriatric people. Staff recommended he undergo a psychiatric assessment, which took place in April. The assessment concluded Hanaway was not capable of managing his affairs due to "health problems."

The assessment was forwarded to the chief provincial psychiatrist, according to documents obtained by The Sun.

And on May 24, the director of psychiatric services, Dr. Donald Rodgers, wrote Hanaway stating he planned to issue an "order of committeeship" that would allow the Public Trustee to take over his affairs.

Amazingly, this is all legal.

The order was made June 6 and the Public Trustee immediately seized Hanaway's bank account -- without the consent of him or his family -- and began taking over all of his financial affairs. They took $900 out of a joint account shared by him and his wife Grace, even though some of the money came from Grace's pension cheques.

"I can't believe something like this is possible," said Louise Lamaga, 57, Hanaway's daughter, an elementary school teacher living in Hadashville, about 100 km east of Winnipeg. "This is too ridiculous to even be believable."

Lamaga is in close contact with her father and visits the family home regularly. She says he's cared for, he's fed and his affairs are all taken care of by family.

The decision to take over Hanaway's life appears to revolve entirely around the psychiatric assessment. It's unknown what Hanaway did or said that triggered the Public Trustee order.

Lamaga said she has asked the chief provincial psychiatrist for her father's file but they refused, saying it was "confidential medical information."

Lamaga says if her father is incompetent, then why would the chief provincial psychiatrist base his decision to take over her father's affairs solely on what he said without investigating further?

No home visit or face-to-face interviews were conducted with Hanaway's family before the order was made, the family says.

Dr. Rogers was unavailable for comment yesterday.

To add insult to injury, the Public Trustee is now charging Hanaway to take care of him.

They charge $60 an hour for inspection visits and $40 an hour for travel time. They take a 3% cut of his income -- in his case, Canada Pension Plan and Old Age Security cheques -- and if there are any legal fees, Hanaway has to pay those, too.

They even charge him GST on the fees.

I sat in on the first face-to-face meeting between the family and the Public Trustee this week at Hanaway's home, unbeknownst to the bureaucrats in the room.

It was shocking to say the least.
 
Not pretty, not at all.

In my province the Nazis visited, and then copied parts of our eugenics laws in the early 1930's. And we were sterilizing retarded people until a few decades ago. You really can do anything with a stroke of a pen.

Until 1972 you could legally be classified as an idiot, iirc. That would get you out of a lot of jams:) "You put marmalade in the DVD player? what are you, an idiot?" "...uh-huh... here's my card." "oh, ok then. Carry-on."
 
This is precisely why you hand over anything of value to your kids when you start aging. If you die and have a bunch of money, they'll tax the crap out of your 'estate' and nothing will be left. Liquidate slowy and give it away. All my grandmother wanted in her whole life was to leave her grandkids some money when she died. She won't be able to do that because her insurance requires her to pay all the bills until she runs out of money then they start paying. What good is buying insurance if it won't pay out when you need it?

Greg
 
I don't think Canada, where this story is, has a death tax, but I do agree that getting old will have the consequences you talk about, yes. If you put all the money you spend on insurance in a bank account it probably exceeds what you ever get back, but I know I'm too spend-thrifty to ever do that.
 
"Shocking"

It's disgusting, and it's horrendous, it's a g**d*** travesty and it's evil. Even thinking about something so.. so... there's not even a word for it, but it inspires in me thoughts of homicide directed toward those governmental --grr..-- involved in such flagrant and eager abuses of the people.

~Slam_Fire
 
Evil is the correct word for this.

Even if the old guy should be bona-fide incompetent, his rights and prerogatives devolve to those most likely to love him, and look out for his best interests, which is presumed to be his family, starting with his spouse.

The state has no business stripping him of his rights unless he presents a clear danger to himself or others, and even if that should be the case, they've no biz interupting the right and duty of his family to see to him.

No possible good can ever come from routine, government mandated psych tests.

Nothing.
 
Geek, don't you realize that we exist only because the government lets us? We should be thankful to have such a caring and thoughtful government. :D

Ok, I'll turn off the sarcasim. :evil:
 
"Hanaway attends a day program for geriatric people. Staff recommended he undergo a psychiatric assessment..."

1. Stay away from "organized" programs unless they're strictly private-sector.

2. We can't know the reasons, but I'm dubious as to the probable qualifications of "staff" to recommend such assessment as being necessary. Regardless, the first contact by the staff should have been with the man's family.

To go beyond "evil", as is justified, would offend my Grammaw.

Art
 
"You put marmalade in the DVD player? what are you, an idiot?" "...uh-huh... here's my card." "oh, ok then. Carry-on."

OMG, LMBO! :D

Hmm, it's a real serious issue and problem however - the guy is NOT incompetent to make financial or other decisions, and if he were to become that way, that's why we have durable powers of attorney, private trusts, health care directives and proxies, guardianship actions, etc. It should be the government that steps in ONLY if (1) he is mentally incompetent to handle his affairs, AND (2) he has no family or appointees/friends willing and able to act as his attorney in fact, guardian, etc. Neither is present here. Very scary. What are they spending his money on, I'd like to know.
 
IF the story conveys an accurate picture of what's happening in this foreign land, (That's a very important "IF") it would be karma if the province's chief provincial psychiatrist, the director of psychiatric services, and the Public Trustee all met with fatal accidents. No doubt they've done this to others.

If the victim's son is worth spit, he needs to start developing his alibi now . . .
 
we have a Public Trustee's Office here too which does similar things to people adjudged too mentally feeble to manage their financial affairs
 
Why the heck, as can often be done - not make the 47 year old son have right of attorney - seems a logical step if the poor old man is deemed so darned incapable.

Where the hell is respect for the individual any more. The process may be ''legal'' just because a Doc signs a piece of paper but - hey - hope that Doc is when older also on the ''receiving end'' - see how he likes his life invaded and taken over.

It is decidely sickening the way I read it. :(
 
the way it's supposed to work is if there are no relatives willing/able to take charge, or there's a suspicion that if there are, they are going to take him for every penny he still has. Which also happens.
 
A word of warning

It was previously mentioned that a method to avoid a situation like this is transferring assets.

WARNING!!!

Several or more of our states now have laws on the books to prevent this. Minnesota is one of these states. In the case of the 10,000 loons state this means any family transfer less than 2 years old can be reversed by the state to sieze assets.

Just to inform.
 
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