Why the public guardian and trustee should publish names of those that are incapable

 How would anyone know if a person is incapable to contract (have agency) unless there is a register published by the Public Guardian and Trustee available to the public.  

Adult Guardianship Act BC

Transfer of property by incapable adult

60.2   (1)If an adult transfers an interest in the adult's property while the adult is incapable, the transfer is voidable against the adult unless

(a)the interest was transferred for full and valuable consideration, and that consideration was actually paid or secured to the adult, or

(b)at the time of the transfer, a reasonable person would not have known that the adult was incapable.

(2)In a proceeding in respect of a transfer described in subsection (1), the onus of proving a matter described in subsection (1) (b) is on the person to whom the interest was transferred.

11 June 2020 : how the "tribe" works

I keep thinking about Randy and how you treated him.  Talk about police violence, what do you call the violence that you did to us.  And you are still doing it to me.  The authorities hide behind their lawyers and the lawyers hide behind the rules of court rather than doing what they should be doing.    You delegate so often that soon no one remembers the origin.

You determined Randy was incompetent because he won't answer your questions.  And you would not include me in these interrogations.  And Dr. Tham did not even talk to me about Randy and he just decided out of the blue that I should be banned from ever seeing Randy again.  How dare he.  How dare all of you.

All the parties that I named were and are guilty of conspiracy/complicity that resulted in harm to me and of hastening Randy's death. He did not deserve that. You had to design a scenario so that my power of attorney and representation agreement would be nullified. And the lawyer for the PGT won't even warn me what he was doing. But it required that Randy be declared incompetent.  Of course I did not know what you were doing at that time but you did it. Even after you did it I did not know what you did. You were diverting all blame to me by saying that staff at GPC was afraid of me and I had to be banned.  Funny thing is that no staff has made a written statement saying anything like that.  Recently I spoke to an employee from that time and he laughed.  No one was afraid of me. And then you got this "fake" expert give a report saying that I should be banned.  Everyone knows that an expert cannot be an expert unless he talks to all parties.  This expert did not talk to me nor did he talk to Randy. I am so mad at this expert I cannot remember his name.  I am sure that this expert is still working for VCHA regurgitating what he knows VCHA wants to hear. The evidence of this "expert" was used in a RTA application to get me evicted from my rented basement suite because I had the "potential" of maybe hitting someone who they might send to cut the grass. Another time the owner of the property tried to evict me because the unit had mould in it.  Again another "fake" expert report.  This expert did not suggest that the unit could be remediated by removing the mould. 

And don't any of you say that I was a bitch because I am no longer represented by a lawyer.  The lawyer I had said he could not continue as he had an issue that was not associated with the litigation that he had to deal with.  He apologized.  I never had an issue with him I was always so stressed out I could not have an issue with him.  I trused him completely as I had no choice.I feel I have been betrayed by the legal system now that he is gone I am told that I have to defend myself and how am I going to do that in the time the rules will allow.  And that is the weapon the tribe is using. 

So now all of you have to deal with a self-litigant.  Here I was yesterday thanking you for saying that the "tribe" was agreeable to hear the application to dismiss in court without doing telephone conferencing but with the proviso that the court would make that determination.  There is a policy that says for judicial efficiency that this is not going to happen.  What the "tribe" should have done is say to me that they will wait until the courts are open and adjourn their application accordingly. They did not even have to make the application until I was in a position to defend it.  Every single one of the "tribe" should be ashamed of what they are doing.  I told them that I could not do a telephone conference as I was so traumatised by the telephone arbitration I had over my tenancy that I could not speak or remember anything. There was the voice of the arbitrator, a lawyer from Lawson Lundell and three witnesses and me alone. It was worst than being judged in a medieval Star Chamber.  So, the tribe is gambling that I will not show up at the supreme court hearing and the litigation would be at an end. To win by default.  So much for the administration of justice.

Fake Lawyers

Again I got two rejections today from lawyers who refuse to help me.  I am coming to the conclusion that all lawyers outthere are fake lawyers. They do not want to do real law.

This last lawyer I asked to help with Carolanne and all he did was send back the money I sent him.  At least he did not charge me $200 for opening a file.  I cannot get over what VCHA did to Carolanne.  I got a court order so that we could visit each other and as soon as VCHA found out about it they got to Carolanne and I was told hat she did not want to see me. And I was not allowed on any VCHA properties. So I could not talk to her and convince her not to be afraid.   And they will not let me see her.  I suspect that she does not know what is going on as she is a quad, can't talk, can't move, and the only thing she knows is that I have abandoned her. Who is going to tell her any different.  She is at the end of her life and she will die alone like Randy did.

VCHA won't even give me how to contact her family.  They do not have to do it. VCHA does not have to do anything.  I asked Carolanne on February 26 2017 if her family ever visits her and she said no.

Even though her family has not visited her in years I am sure that they will be furious if they knew how their daughter is being treated. I am sure they believe that their daughter has been looked after legally i.e. her rights are being protected.    VCHA imprisoned her, they lied to her, they coerced her, and she would have a cause of action to sue VCHA.

I saw Carolanne on Februry 26 and 28, 2017 and she said that she wanted to see me both times. We were going to be sisters.And no one could stop us from seeing each other as there was a court order.

When this first happened the lawyers said that Carolanne was incompetent but now that she has been coerced to do what they want, she is competent.

Just like what they did to Randy.  The physician who put a DNR on him said he was competent but the next day he was incompetent. Because if you are incompetent only the instructions given prior to the incompetency are legal.  And then to make it worse, this same doctor assessed him to say he was incompetent. This opened the door to get the PGT involved to make Randy a non-person.

I still do not know how the PGT was able to convince the Designated Health Authority to revoke my power of attorney.  But the lawyer for the PGT said that the PGT does not have to share those reasons.

Note:

Law Society of BC v. Goodwin: When court orders are disobeyed or ignored, the court is demeaned.  If the court is demeaned, respect for the rule of law declines.

Best interest for who

I came across a memo written by risk management in 2011 that said that it was going to allow me to be Randy's substitute decision maker as long as I had Randy's best interest.  What that means is as long as I agree to whatever VCH wants to do I could be his substitute decision maker.  It seems that a physician has legal arbitrariness to determine this.  Since I did not know anything medical, there was no fear of that. How could I, a rational person, go against what a doctor wants. I am not a health professional. I could comment on an observation respecting care but that is a remote outlier to a medical prognosis. Advocating for Randy, as he wanted to live, is not interferring with his care.  But it seems that according to VCH it was not in Randy's best interest to live.

How was it that Randy asked for a DNR to be placed on himself when he could not even talk or write and when he was unresponsive. When he was transferred from VGH to GPC on November 15 2013  he was not screaming that he wanted a DNR on him.  Not only a DNR but also a DNT (do not transfer order).  The DNT to guarantee if he was in medical distress that the nurses at GPC would not transfer him to acute care (VGH) so he could live. Randy was only 56 years at that time.

From the evidence from 2011 it is clear to me now but not then GPC was wanting to do damage control. The visiting ban would prevent me from seeing and hearing what was happening in the Ward.  For example, after I purchased a flat screenTV for Randy which I could ill afford it sat in a box for over a month.  It was not until a visitor phoned me and said "where is Randy's TV"....  And another time, a few days after Randy was first sent to George Pearson Centre, upon my visiting, Randy was very sick and it was I who brought this to the attention of the staff.  He immediately was transferred back to VGH. Then hell broke out for short period of time. There were numerous other narratives as well.

I just assumed that management was using incidents "red herring" that made no sense to me to have me banned (hours and days and access severely restricted) for being overly friendly which apparently upset patients, their families, and staff. The overly friendly part might be true but no one got upset. There was a big issue about wool bedding. About entering rooms when I had an implied invitation to do so.  And about flowers.  And about food.  Even a newspaper and a chair.   And the doggies. Doggies are allowed at VGH.  And the orchids I supposedly took from the garden. It got so bizarre that I was to be escorted to the toilet down a long hall when I went to visit Randy. So I decided to wear Depends.  I was also taking take a valium every time I went to GPC to curb my anxiety.

On the day I first met Nurse Ratchet at GPC in 2010 I was told that I would have to sign a visitation contract. I never did as she changed her mind. Randy had no rights, neither did I.  The rights only belonged to GPC.  They did everything possible to make me a basket case. I was negatively labeled and everyone acted as though I was to be avoided. I became a victim of prolonged psychological abuse by an alien fossilized institution that I did not understand. An institution that robs everyone of their civil rights "commonsense" including staff.

VCH took total advantage of an unequal playing field.  They abused their extreme superior power. It was brutal.  It was entrapment.  It was outrageous.  And they had a human hostage named "Randy."

Health Care Representation Agreement

This from the Health Professions Review Board:

2016-HPA-024(a); 2016-HPA-025(a); 2016-HPA-026(a); 2016-HPA-027(a) re: The College of Physicians and Surgeons of British Columbia(Group File No. 2016-HPA-G03)
Stage 1 hearing of an application for review of an Inquiry Committee disposition under s.50.6 HPA - Inquiry Committee disposition confirmed. The complaint to the College alleged that four Registrants ignored the Complainant’s designated health care representation agreement concerning his mother and that she was over-medicated with narcotics without proper consent. The mother subsequently passed away from numerous untreatable medical conditions. The original complaint concerned the actions of Registrant 1 and after the mother passed away was expanded to include the actions of three additional Registrants. The Inquiry Committee conducted a thorough investigation that provided key information. The investigation revealed the mother was experiencing significant severe pain on a constant basis and that treating health care staff were very distressed by her continued painful condition and the Complainant’s restriction on the use of pain analgesics through his enforcement of the health care representation agreement. Concerned that they were not acting in the mother’s best interests, on behalf of the mother, Registrant 1 removed the Complainant from the medical decision making role and began prescribing analgesics to alleviate her pain. In a disposition that is detailed, transparent, intelligible and justified the Inquiry Committee had no criticism of the Registrants’ actions. The investigation was deemed thorough and adequate. The disposition is detailed, transparent, intelligible and defensible with respect to the law and facts.
June 6, 2016 (Posted July 4, 2016)

----

copy to Andrew Macfarlane, VCH. I have been asking you why I was stripped of my representation agreement and power of attorney and you have arrogantly refused to tell me.  Am I to assume from your decision that you can do this without due process. What was your legal justification.  In Randy's Representation Agreement he said that he did not want a DNR and yet VGH put a DNR on him.

According to the following, you are going to have to do some serious explaining.  From this HPA- 024 it would suggest that a representation agreement (the voice of the patient) can be overruled by a possee of doctors after the fact.  One of the reasons for refusal of drugs is that some patients do not want to take drugs as drugs dull their senses.

In Carter on page 66

[212] The Court concluded that provisions of the Ontario Mental Health Act, R.S.O. 1980, c. 262, granting a physician the authority to override the competent wishes of a patient where deemed to be in the patient's best interests, unjustifiably infringed the security of the person guarantee in s. 7 of the Charter. 

How was the complainant removed from the decision-making process in HPA-024.  By an invisible wave of the hand!

It is not what is in the best interest of the patient, it is what the patient wants.

What is the purpose of a representation agreement when doctors can overrule it at any time.   And it now seems that the BC high medical tribunal can also overrule the Charter. I think not.

On the flip side of this no mention was made whether or not the mother was competent to make medical decisions.  From what I understand, you can be incompetent to make financial decisions but you can still make medical decisions that can hasten your death. Am I mistaken in this belief.

In Carter on page 66

[212] The Court concluded that provisions of the Ontario Mental Health Act, R.S.O. 1980, c. 262, granting a physician the authority to override the competent wishes of a patient were deemed to be in the patient's best interests, unjustifiably infringed the security of the person guarantee in s. 7 of the Charter. 

Randy Michael Walker and the College

I keep thinking about Randy and why he had to die when he did.  Why VCH decided that his death should be hastened because it was in Randy's best interest. Randy should have died on November 18 2013; the near death incident could have been prevented if Dr. Dunne would have removed the  DNR Order a few hours before when I asked him to. Randy never agreed to a DNR.  I told staff that this was not what Randy wanted and for them to ignore the November 15, 2013 DNR.  The night nurse made a terrible mistake.  He knew Randy was dying and instead of waiting until he died he phoned me and I rushed to George Pearson Centre.  When Randy saw me he was reaching out for me to save his life.  Since he had a purported DNR/DNT on him, the staff refused to do anything.  I phoned 911.  Chaos.


Because of my intervention I was able to save Randy's life. Mostly he needed a vent assist.  As soon as Randy was stabilized I contacted the police as I believed that Dr. Dunne by putting on a DNR Order was somehow criminally culpable (attempted homicide) and notified the BC College of Physicians and Surgeons.  VGH Emergency and the ambulance people knew of what happened as well as the police as 911 attended.


Considering the seriousness of my allegation and the seemingly apparent culpability of Dr. Dunne, the College should have immediately suspended Dr. Dunne pending an investigation. Yes, the College has the power to suspend a doctor in the public interest. I also asked that Dr. Dunne be replaced as Randy's doctor and this request was refused. Dr. Dunne should have reclused himself.  The only reason that I even knew of the DNR/DNT was that I asked a nurse on November 15 2013, what Randy's status was, and I was showed the DNR/DNT Order signed by Dr. Dunne. On 14 November 2013 Randy was in VGH and his status was Full Code, Level IV. Randy was 57. He had no disease nor was he in pain.


After that, VCH went on a further sojourn to discredit and demoralize me claiming that I did not have Randy's best interest and I was incapable to be Randy's substitute decision maker.   VCH took this to the Public Guardian and Trustee and VCH stripped me and Randy of all his rights.  What was Randy's best interest.  Was it that his death be hastened.


After Randy died I wasn't able to access any of Randy's things as Randy was now the property of the Public Guardian and Trustee. He had become a non-person.  I wanted to place one of Randy's Steeler's baseball caps in his coffin as he wore a cap even when he was sleeping. The manager at GPC refused to give me one of his hats.  Randy was dead and GPC were still being bullies.


The College of Physicians and Surgeons' Decision said that Randy was among things too sick as he had a temperature of 39.9 rendering him incapable of making any medical decisions.  The Certificate of  Incapability was made (rubbered stamped on the recommendation of the PGT) by VCH who issued the CI on April 4 2014; the day Randy should have died was 18 November 2013; the day I was banned from ever seeing Randy again was January 29 2014 (with the help of the Public Guardian and Trustee).  I was never told that I was being investigated or that Randy was.


Because of my correspondence to the PGT, I thought the PGT was investigating George Pearson Centre and its treatment of patients there. One of my concerns was when I spoke to GPC patients there, they did not seem to know what a DNR was or whether or not a DNR/DNT was on them.


The PGT complaint against me was mostly based on collateral evidence (parallel gossip). All my supposed legal rights to Randy were taken away from me by the Public Guardian and Trustee on April 4, 2014 ( but in reality it was January 29 2013 as VCH 100% banned me from seeing Randy) the day I was to access his medical records so I could find out what was going on and such records were denied me by the PGT.


I really do not know what Randy died from. Maybe his death could have been prevented at that time. Months later the coroner changed the alledged cause of death from multiple organ failure to say Randy died from his accident, an accident that happened in 2010. What a stretch. He was readmitted to VGH on 4 April 2014 (my mother's birthdate). The day Randy died was 13 April 2014.


I was acting in Randy's best interest for him to live and have a quality of life and VCH et al did everything possible to discredit and demoralize me (and Randy) while saying that I was not good for Randy and I should never see him again. This questioning of my goodness happened in January 2014; prior to that I was good.  How scared Randy was. He couldn't talk or write so he could not ask questions or defend me. How horrible for Randy knowing that VCH was trying to hasten his death and and how horrific it was for me knowing I could not save him.  My bereavement will never end.


Randy was only 53 years old when he had his accident, he had a traumatic brain injury in 2010, he had no disease, he was not in pain. Randy had a trach so he could not talk. So why did VCH want to hasten his death and ban me from ever seeing him again.


A DNT Order is a Do Not Transfer Order so if a patient is in medical distress the patient would not go to acute care (VGH) for treatment. As far as I am concerned it is a death sentence.  The DNT was a guarantee that the nurses would not even attempt to overrule as it was a Doctor's Order and they were instructed not to call 911 or even phone the doctor-on-call if Randy was in acute medical distress.



Audrey Jane Laferriere
5976 Cambie Street
Vancouver, B.C.
V5Z 3A9
604-321-2276; 778-689-2276
audreyjlaferriere@gmail.com
refer to blog: voiceofgoneballistic

P.S.  There is a medical-legal battle going on in Texas over a law that Texas has in which it can without explanation put a DNR on a competent conscious patient and disconnect life support against his wishes.  And the hospital is now making application to take away his mother's substitute decision making power.  I suspect such powers are also replicated somewhat here in Canada (BC) sub rosa (under the rose, secrecy) or worse yet in open sight.

see video of Chris Shaw http:://youtube.com/watch?vFquofEeo.
TexasRighttoLife.com

Doctors in Ontario have to follow the law re DNRs and informed consent.

At least in Ontario, doctors are finally instructed to follow the law: 


Doctors at a major Toronto hospital violated the law by unilaterally imposing a do-not-resuscitate order on an elderly patient against his family’s wishes, an Appeal Board has ruled in an extraordinary clash over end-of-life care.

go to National Post and type in DNR (father : Douglas DeGuerre ; daughter: Joy Wawrzyniak, who saw her father die and no one would help including the doctors who put the illegal DNR Order on her father).

This happened to me twice finding Randy needing acute care as he was heading for heart failure but I was lucky I called 911 and Randy's imminent death via DNR was averted.  

But then I was banned on January 29 2014 from both George Pearson Centre and all other Vancouver General Hospitals because of disrespectful conduct. Risk Management said the Order would be extended forever; this was confirmed by a letter from its lawyers.  

Randy finally died on April 13 2014 from organ failure. No one told me he had bad organs.

I had to get a Supreme Court Order to see Randy die in the ICU.  I had to get the Order by myself (self-counsel).  

I do not know how the Public Trustee and Guardian got involved but its lawyer was able to get an adjournment at the first court hearing for three weeks as Randy's condition was "plateaued" so I could not see Randy for another three weeks and a few days later he died. The PGT didn't care about Randy. If they did they would have made sure I had access to Randy.


If anyone knows how to get a hold of Joy Wawrzniak please refer her to this blog and thank her for fighting for her father since 2008.  I would like to talk to her. 604-321-2276

Postscript September 9, 2014, no mention of the Ontario decision is found in the Province or the Sun.  

I am also looking for Mary Turner who was/is a resident of Prince George.  She lives/lived across from the college.
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439037
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If you as a reader are disturbed by the way the medical establishment behaves, email Randy's MLA, Dr.Moira Stilwell.  Moria.stilwell.mla@leg.bc.ca or phone her office at 604.660.8360 and tell her so.If she gets 200,000 emails and/or phone calls, things will swiftly change. It has got to. We can't be bullied by the medical authorities to the detriment of our security of person. They want DNRs so they can take people's lives away from them before it is truly time.  Quality of life issues for the most part are bogus. What quality of life do I have: I am poor