Dear Editor,
The number of elder persons abandoned at the local public hospitals is horrendous, while those neglected and left to live alone and fend for themselves at home, is equally alarming. But the Ministry of Human Services and Social Security do not have statistics, or, refuse to act on it. Clearly, they have not been doing anything to alleviate this scourge. The number of elderly persons, destitute and laying along the byways and highways of the City, is an embarrassment. Recently, I brought several cases, before the magistrates’ courts, of alleged elder abuse under the Domestic Violence Act 1996. As a blood relative, someone within the immediate family, the Act allows me or any other such persons, to bring actions against the perpetrator(s) on behalf of the abused. It does not require the victims’ permission. The Law is clear. I am passionate about elder abuse because I know that all of us will get old and that alone makes us vulnerable. Also, that abuse occurs where people lack empathy for others of diminishing capacity, as well as when there is an acute sense of personal failure. I only recently had to jump hoops and loops to get justice for an elder colleague in Barbados, whose daughter was misusing his finances, and neglecting to keep regular medical appointments, and victimizing and humiliating him by telling persons he complained to that he was out of his mind and not to worry about him. Like Guyana, although there are laws, they are only paper protocols. If the abused does not make the report themselves, or a relative, those same agencies do nothing; can’t do anything. As such, I took the plunge and filed a Claim Form and Statement of Claim and Affidavit in the High Court (guided by the UN Principles for Older Persons; resolution 46/91 of December 1991, of which Barbados and Guyana are signatories to, also the International Human Rights Convention and sections of the Constitution on individuals rights as citizens). It was a bold but novice plunge, but I got the court to grant orders to protect the elder’s assets from squander and ensure his welfare. The Judge was thorough in issuing the orders (under the Mental Health Act, of which I was not a party to the proceedings) to the daughter. The High Court of Barbados is supervising the elder’s finances and medical and social status. The daughter has to provide quarterly reports to the court.
Then I realized that my own mother was being neglected and abused. What has since transpired is nothing short of ghastly, appalling and stupefying. Due to the failure of the Ministry of Social Services to resolve the issues and stop the abuse, I moved to the magistrates’ courts. The first case was ’meticulously’ put on a 2 years prohibition, where the parties are prevented from communicating with each other, or about each other, in any manner in relation to issues arising from this matter (July 7th), the order also has provision for it to be varied or discharged. I applied to have it varied, after much opposition from the officers of the Principal Clerk of Court office, only to have the magistrate refuse to listen to the arguments that the matter should not have been put on a 2-years hold for the reason expounded, or any at all; elder abuse action shouldn’t have to wait without an interim protection order; and secondly, the matter in the Full Court set for January 19, 2022, has no bearing on the allegations before the magistrate’s court; further, it is quite closer to being heard than 2 years. This application was dismissed. A request for an application to the Full Court was filed to appeal this action. Another was also dismissed on November 5, 2021 on the grounds that the victim, via an affidavit, had indicated that she never complained to me, or asked me to act on her behalf. Undue influence, the Act is clear. No permission is required from the alleged victim. Only evidence of the crime is required. An application was filed to the Full Court for appeal. It is distressful that matters of such gravity are treated so callously and with disdain. Recently, too in the High Court, I was listed as Respondent on an Application to revoke an Irrevocable General Power of Attorney (IGPOA). I was not served a Take Notice, but the Judge granted the Order to revoke the IGPOA. This was the first among appeals to the Full Court. On November 24, I was informed, during the proceedings of another order that my sister was given Trusteeship of our mother’s estate to manage all her personal affairs and to care for and make decisions on her behalf. This was done upon the assessment and pronouncement of a psychiatrist that our mother has “clear cognitive impairment. Difficulties in delayed recall (memory), attention and concentration were still evident. Reports from the family suggested a history of paranoia….” The Judge declared her “non compos mentis” (??). My mother has five children, all alive and only two provided affidavits in support of the applicant’s. Neither my younger brother, nor I, was even aware that these steps were being taken. It is alarming that the Judge made such a damning order, declaring my mother “non compos mentis”, and lodging her life and assets into the care of someone who was here all along and never took the initiative to get our mother to plan her estate earlier. This very one, who our mother complained bitterly about not attending to her, so much so, that various strangers were assisting her, cooking for her, was exposing her to abuse, victimization and ridicule.
It is no surprise that the application was shrouded in secrecy and with much assassination of my character, and half-truths. I was not a party to the application, nor, my younger brother. What a mighty web we weave as we try to deceive. No explanation was given for the absence of my younger brother. Disgraceful, too, is that it is the very attorney that prepared the documents to revoke the IGPOA in February, 2021, arguing that the donor/principal was of sound mind presented to the High Court, in Georgetown, that the principal is now mentally unfit and cannot handle or participate in her own affairs. No second opinion was required of the elder’s current state of mind, nor an invitation from the other two children to record their position on an action that affects them and their mother, even to say if they object and why. So all this talk of elder rights, and ending domestic violence is highly suspect. These incidences are classic examples of violence against an elder person and violence within the framework of a domestic situation. The attitude of the personnel attending the matters leaves much to be desired. When the perpetrator(s) of the alleged crime is a public figure or have ‘contacts’, it calls for a herculean leap, to get judgement against them. This is my dilemma. First time offenders, too, are merely slapped on the wrist, even though their crime is horrendous or heinous to the elder. I noticed that the Chief Justice and Chancellor of the Judiciary recently re-launched the Code of Ethics. It is timely. I hope it is impactful. Practitioners of the law and responsible agencies need to be educated and sensitive as to all the issues that constitute elder abuse. The Attorney General, too, is increasing the penalties for Power of Attorneys who misappropriate their ward’s property and abuse their trust. I hope he adds stiffer penalties when the victim is an elder person. I hope he adds a Disgorgement clause in the amendments too. The incidence of persons, especially the elderly, who are being robbed of their life’s savings and property is stunning. My question is: what is the point of the justice system when it can be ridden in such a vile manner? What is the point of using the justice system when it is not dispensing justice, promptly or fairly? This Order too shall be challenged. An application to appeal the first Order of February 18, 2021 was filed since May 19, 2021. Shortage of Judges prevented it from being heard as yet. The Attorney General promised that on the President’s return from the COP26 Summit he would appoint more Judges to the judiciary. I hope he speeds up this process. It is an embarrassment that it is taking eight months to get an appeal hearing to the Full Court. Justice delayed is no justice at all.
Sincerely,
Name and Address Provided
