ADA Law

Community Legal Service

1800 232 529
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ADA Law
ADA Law

Human Rights Advocacy

ADA LAW

Human Rights Advocacy and Legal Help

HUMAN RIGHTS ADVOCACY and legal help
WHAT WE PROVIDE

We provide individual legal help and advocacy for adults who are having their capacity questioned via a Queensland Civil and Administration Tribunal (QCAT) Guardianship or Administration application, or are subject to a QCAT Guardianship and Administration Order and are seeking a review of the Order.

We provide legal and advocacy assistance to adults who require support to engage with their attorneys under an Enduring Power of Attorney, and decision-makers appointed by QCAT.

We assist adults with questionable or impaired capacity who are wishing to review or revoke their Enduring Powers of Attorney and Advance Health Directives.

Eligible clients

Eligible clients for this service are:

  • Adults with questioned, or impaired, decision-making capacity; and they
    • Have or anticipate having a QCAT hearing scheduled; or
    • Have QCAT appointed decision-makers and they are wishing to have the appointment reviewed, replaced or revoked; or
    • Have Enduring Powers of Attorney making decisions about them and they are wishing to review, replace or revoke them; or
    • Want assistance with their Advance Health Directive
    • Would like assistance to communicate or negotiate with their decision-makers.

This service offers support to individuals in the South East Queensland areas from Bundaberg to Toowoomba, and down to the Gold Coast. We may also be able to offer support in other areas of Queensland on a limited case by case basis.

we can help with

Our service helps people to protect their rights and be heard in the appointment of substituted decision makers. This may include help with:

  • Have or anticipate having a QCAT hearing scheduled; or
  • Have QCAT appointed decision-makers and they are wishing to have the appointment reviewed, replaced or revoked; or
  • Have Enduring Powers of Attorney making decisions about them and they are wishing to review, replace or revoke them; or
  • Want assistance with their Advance Health Directive
  • Would like assistance to communicate or negotiate with their decision-makers.
our service

Our advocacy service is:

  • Independent – Free from conflict of interest, not affiliated with direct care providers
  • Confidential – We seek your permission before acting and follow strict confidentiality processes.
  • Client Directed – We don’t make decisions for you. We can help you understand your options and follow your direction.
  • Individual – We work with each individual, to help give them a voice
  • Short Term and Issue specific
  • Free
fundingADA Australia’s Human Rights Advocacy service is funded under the Legal Assistance Strategy Fund, allocated by the Queensland Department of Justice and Attorney General.
we cannot help with

While we provide a range of services to our clients, ADA Australia’s Human Rights Advocacy Service is unable to assist with: Cases not involving a current scheduled QCAT hearing (see eligibility above)

  • Financial
  • Advocacy support or assistance outside of Queensland
  • Representing the interests of a carer or guardian – please refer to Carers Queensland or phone 1800 242 636
decision making – professional educationWe also provide Understanding Decision Making Staff Training as a fee for service. These workshops provide comprehensive overviews of guardianship and administration matters, and Enduring Powers of Attorney for workers who support people with questionable, or impaired capacity. For more information go to Professional Education.
To contact us to see if we can help with your QCAT hearing, select this “Request Support” button and complete the enquiry form. If we cannot help with your issue we can find an appropriate referral for you. See far below for Case Examples of things our advocates have been able to assist with, as well as our Elder Abuse Advocacy. Click here to request support
HUMAN RIGHTS ADVOCACY CASE STUDIES

Below are some case examples of issues our advocates have been able to assist with, related to our Human Rights Services.

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Valerie’s story

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Aunty Lorna’s story

Request Advocacy Support for Someone Else

  • Referring Persons Detail

  • If you do not leave permission above, we will attempt to contact you several times.

  • Client Details

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Request Advocacy Support for Myself

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Elder Abuse Advocacy Page - Reuben's story

Ruben’s story

Ruben is a gentle natured Dutch speaking gentleman, who was living in an aged care home and was very unhappy. Ruben’s grandson Neils contacted the Older Persons Advocacy Network as he was concerned about his grandfather, claiming he had been moved into the aged care home unnecessarily and Ruben was now very isolated. Neils explained that his Aunty Dorma (Ruben’s daughter) was using Ruben’s inability to speak English to take his money. After gaining Ruben’s permission to become involved, through the use of an interpreter, an advocate met with Ruben and Neils at the aged care home to find out what was going on. It became clear that Dorma had taken her father Ruben to the doctor and used Ruben’s language barrier to get a medical directive that Ruben no longer had decision making capacity. This enacting his Enduring Power of Attorney document granting legal access to Dorma to manage all Rubens financial and personal affairs. Dorma had then sold Ruben’s house and moved him into an aged care home, where she asked the home to restrict access to his friends, thus isolating Ruben from people who could help him. The advocate assisted Ruben to see a GP (with an interpreter) to assess his decision-making capacity. The GP deemed him to have capacity, which enabled Ruben with the advocates help to stop Dorma accessing his money. Ruben then got a new phone and computer and has reconnected with his local friends and his family in his home country. He has also been connected to a Dutch speaking social group in the area.

Human Rights Advocacy Page - Aunty Lorna. Please only use lady in red.

Aunty Lorna’s story

Aunty Lorna explained that some of her family had moved in with her a few months ago to ‘help out’ after her stroke as she was unable to cope. She explained that even though they moved in she was still not getting any help. Aunty Lorna explained that she paid the rent, but she did not see any of her pension money anymore, as her large family used it for their needs. Aunty Lorna said that she did not want to upset her family, but she would like to have some money for herself. Aunty Lorna was also concerned about what would happen if she became unwell, whether her family would continue to pay the rent ensuring she would have somewhere to live. The advocate explained that they could assist her to look at her options. Aunty Lorna asked if an advocate could meet with her at her respite centre on one of the days she was there, so that her family would not know. The advocate reassured Aunty Lorna they would meet where she liked, and that the advocate would also not take any action without her permission.

The advocate met with Aunty Lorna and explained that she had a right to make her own financial decisions and that she could also ask someone she trusted to make decisions for her if she felt she was unable to make them for herself, by appointing them as her Enduring Power of Attorney for financial matters. Aunty Lorna decided that she believed her oldest daughter Karen (who did not live with her) would be the best person to make the financial decisions for her, which she felt were out of her ability. The advocate supported Aunty Lorna to appoint Karen as Aunty Lorna’s Attorney, so she could protect Aunty Lorna’s financial interests. The advocate also helped Aunty Lorna arrange some home care services to ensure she was cared for.

Human Rights Advocacy Page - Valerie

Valerie’s Story

Valerie contacted the Older Persons Advocacy Network as she was concerned that her daughter, who is acting in the role of Attorney under an Enduring Power of Attorney (EPA) Document, was misusing her money. Valerie told the advocate that she was no longer receiving bank statements, had no idea of what was being paid, and had received a letter from one of her utility providers stating she was in arrears, which had never happened before. Valerie was concerned that her daughter was overwhelmed by the EPA role and was unable to effectively manage the responsibility.

The advocate discussed all of the options available with Valerie. Valerie decided it would be best to revoke her Enduring Power of Attorney and appoint a new one. The advocate liaised with other services including an elder abuse specific legal service, which agreed to help Valerie revoke the EPA and write a new one. Valerie met with the lawyers, revoked her daughter as EPA and appointed a trusted friend instead. Once Valerie told her daughter about the change, her daughter revealed that she was overwhelmed by being the EPA and was relieved to not have to do it anymore. On a follow up phone call Valerie told the advocate that she was much happier now and she again felt confident with her financial management arrangements.

Professional Education

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ADA LAW GENERAL ENQUIRY FORM

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REQUEST LEGAL SUPPORT

Please select from the following two options below to complete your enquiry.

I need information for myself
I need information or advocacy for somone else

ADA Law have a range of services that offer different types of support to eligible clients. To check if you are eligible for our service you can go to the following pages:

Human Rights
Elder Abuse
Disability Royal Commission
Mental Health Review Tribunal

For Aged Care and Disability Advocacy, please refer to

ADA Australia’s website.

Mental Health Review Tribunal Page - Anthony's story

ANTHONY’S STORY

Anthony is a 28-year-old man who has had a diagnosis of Depression for 10 years. Anthony lives by himself and accesses support from family and friends, as well as community support agencies. From time to time Anthony becomes very unwell and requires hospitalisation, and sometimes Electro Convulsive Therapy (ECT). When Anthony is this unwell he does not have sufficient capacity to consent to the ECT, so his treating team must apply to the Mental Health Review Tribunal (MHRT) for permission to provide the therapy.

Legal Aid appointed ADA Law as Anthony’s legal representative, to assist him with his MHRT hearing. His legal representative is Tanya.

Anthony meets with Tanya prior to his hearing, either by phone or in person, and they discuss what his views and wishes are in relation to ECT, and what is important to Anthony. Tanya and Anthony attend his MHRT hearing and ensure his views, wishes and concerns are discussed with the Tribunal and Anthony’s treating team.

Disability Royal Commission Page - Kiara's Story

KIARA’S STORY

Kiara is a young woman who has lived with disability since birth. During that time Kiara has had good and bad experiences, and has found that sometimes she is discriminated against because of her disability.

When Kiara was younger, she found herself in trouble with the police, and this led to her experiencing physical and psychological abuse by the systems which were set up to protect and support her.

Kiara has been able to work through that experience and now is feeling strong enough to be able to tell her story, in the hope that her story can be used to make a better system for other people.

Kiara is working with an ADA Law Disability Royal Commission Advocate, Trevor, and together they are documenting Kiara’s experience, and creating a submission for the Royal Commission. Trevor will assist Kiara to send the submission to the Commission, and if Kiara is given the opportunity to appear at the Commission, Trevor will accompany her and provide her support. Trevor is working with Kiara to assist her to speak for herself. If Kiara is not ready to speak, Trevor will be there to tell Kiara’s story.