Len and Constance
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.
Constance is in her 80s and has a hearing impairment. She’s the main carer for her son, Len, who lives with relapsing-remitting multiple sclerosis (RRMS). Len uses a wheelchair, is sensitive to heat and noise and has trouble speaking.
Len separated from his wife about 10 years ago. Doctors diagnosed him with RRMS about five years ago.
‘He could hardly walk,’ Constance told the Royal Commission. ‘He couldn't speak and he couldn't even cook his meals. And there he was trying to look after [several] kids. He was in debt, he couldn't pay his rent.’
Len was assessed as being totally and permanently disabled and received an insurance payout. One of the conditions was that he ‘purchase a place that will be suitable for [his] deteriorating condition’.
Len bought a house and modified it for wheelchair access. When Len divorced his wife a couple of years later, she applied for a share of the home.
‘What the judge … said in the Family Court [was that] it didn't matter about the [total and permanent disablement] TPD payment. Didn't matter about any of those things.’
Constance said that, because of his disability, Len is unable to attend court.
When Constance tried to represent him in court, she said the lawyers ‘brushed [her] aside’. Because of her hearing impairment, she ‘couldn't hear what was going on. It was terrible … a nightmare’.
‘The law was listening to [Len’s former wife], not to me. And I hold an [enduring power of attorney] EPA … but the law would not accept them. Now, my hands were tied in trying to help him in the court or anywhere.’
Constance said the court ignored Len’s disability by ordering him to give his former wife a share of a payment he received to help him live with disability.
She said her other children are now trying to borrow money to pay the settlement, so Len can keep the house.
‘His life is livable in that he maintains a certain amount of independence here. He wouldn’t get that elsewhere.’
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.