Cara and Aileen
Content Warning: These stories are about violence, abuse, neglect and exploitation and may include references to suicide or self-harming behaviours. They may contain graphic descriptions and strong language and may be distressing. Some narratives may be about First Nations people who have passed away. If you need support, please see Contact & support.
Cara was abused when she was a teenager. After four years of protracted legal proceedings Cara’s lawyer negotiated a modest settlement. The lawyers for both parties came up with a plan to ‘put the settlement money with the guardianship board with her father as manager,’ her mother Aileen said.
Aileen doesn’t fully understand why the lawyers did this. She told the Royal Commission she suspects it was because Cara is autistic and has psychosocial disabilities. Aileen said, ‘[Cara] does not have an intellectual disability and is able to make informed choices about her life.’
The magistrate reviewing the agreement was concerned Cara’s settlement money was being taken away from her. The treating psychiatrist said while Cara may not be able to manage a large sum of money at this stage she was capable of managing her day-to-day affairs.
The magistrate asked for a second psychiatrist’s opinion.
The lawyers then advised Cara’s father to ‘have [Cara] deemed unable to manage the settlement money’.
Aileen was not aware of this at the time and said Cara’s father ‘just did as the lawyers asked him without actually understanding what he was doing’.
Cara did not attend any of the proceedings and at no stage did anyone ask to talk to her about her wishes.
Aileen was very angry to discover the lawyers had not only successfully placed the settlement money with the guardianship board, they had somehow placed Cara’s whole estate under their control.
When Aileen called the solicitor to complain they said ‘come back in a couple of years and we will reverse it’.
When Cara and Aileen tried to do this some years later, the solicitor had disappeared and the law firm told them it would be costly to go to court.
Cara, now in her mid-20s, has severe anxiety because of further trauma. Aileen is concerned that in addition to the cost, ‘she may not be able to physically turn up to court’.
‘What I find curious is that her estate was taken away from her without her consultation and without her being present … Now she and I are faced with the very stressful prospect of trying to overturn the decision before I die otherwise the guardianship board will take my estate.’
‘The worrying thing is that it is easier to prove somebody incompetent … than to prove the opposite … I’m sure she would be capable of looking after her money. As I said she does not have an intellectual disability and can be very practical when not too distressed.’
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.