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Submitted by a Concerned Party (updated 1/07/2020 7:33PM)

In the High Court of Judicature CV#333 of 2019 – When losing is winning big

The law.
A dear elderly friend mentioned to me some difficulties he was experiencing at the hands of his children together with their mother, his ex-wife, I realised it was elder abuse immediately but especially flagrant abuses of his civil liberties.
He wanted to get his attorney to conduct or change some business but was being prevented from so doing.  Since I was well known to the household I told him I will inquire for him but would need his permission. I however made an appointment with my attorney and called him saying I’ll pick him up the next day to take him to the attorney.  When I arrived the next day his daughter was there with him and asked what the mission was about. I ignored the question. This was 2017.
I visited the Welfare/Probation Department and complained. They said he has to make the complaint himself. I went to the Police but they said the same thing. Called the US Embassy they said the same thing. They further said that they have to respect the laws in the host country and there were none that empowered them to intervene.
Bound and in disbelief I consulted an attorney who said there were no elder abuse laws in Barbados but I could bring the case under Neglect or  such but advised that unless they get instructions directly or a written authorization they couldn’t take the case.  No attorney would take the case or bring a case unless the elderly give direct instructions.
I continued to monitor the situation. But subsequent visits the daughter was always very in the midst of us so that no personal or private conversation could be conducted. It is unacceptable that there is not one authority in Barbados that can move in and protect the elderly that are being abused either physically or financially or civilly or sexually or psychologically except the elder makes that complaint themselves.
So what was very peculiar in this instance was the hostage effect. The elder was barred from using the telephone he pays for or visiting or being visited by anyone outside those who bought the talk that he is senile or suffers (incurable) from Alzheimer’s. Everyone is warned that he doesn’t know what he is saying so they let sleeping dogs lie.
There is apathy when dealing with the elderly too. Its as though they have passed their “use by date”. While visiting the Probation Department I collected literature on Elder Abuse under the UN Human Rights Convention. I decided that I would bite the bullet and get some action on this elderly’s behalf using this Law.
I filed a case in the High court in March of 2019 with an emergency application seeking among other orders, primarily a Protection Order and Partial-Custodianship.  I was given April 19th (Good Friday) then that was postponed to July 25 which was postponed again and then to year end, 2019. After some outside intervention I finally got a Judge and date: February 27 2020.
1. On that first appearance January 27, 2020
The Judge said she studied the file and is aufait with the case contents and orders sought. She asked if anyone helped me with the Application and I said no but I did speak with an attorney.  She knew it was flawed. But before sharing this with me and giving me the leave to correct it she continued with it as is. She told me that I will get some of the orders but not all. She adjourned for two weeks  to invite the Probation department to guide her, saying that this matter was new to the courts.  I was relieved that I could then leave this burden to the professionals.
2 Second Appearance: February 13, 2020
On that date I appeared and there was no Officer from the Probation Department (PD). Instead the judge told me that she had decided to deal with the matter under the Mental Health Act (MHA) because the PD doesn’t have power under their Act to deal with such aspects of this matter but only economic assistance. She did not consider any other act. She instructed me to serve all the Defendants. I resisted because I requested an Ex Parte Application for a Protection Order on this action and that wasn’t given. She said that is for Magistrates’ courts. She said serve the defendants.  I tried to explain the dangers in these cases (and trafficking) of alerting the perpetrators/defendants of what is happening while the victim/elderly remained in the dwelling and in a vulnerable state. She said,“that’s a chance we will have to take”.  Distressed and overwhelmed I began canvassing the various agencies that are or should be dealing with elderly abuse or care of the elderly or human rights to try to avoid serving and alerting the defendants of the pending actions while the victim remained in the same space.  No one could do anything but the Ministry of People Empowerment advised that there were many legislations that could have been used that authorize the ance of a Protection Order.  They couldn’t do anything since the matter was already occupying the courts’ attention. At a dead-end and with the deadline for minimum service time nearing I went against my better judgment and decided to go ‘like a lamb for the slaughter.  I served the documents.  No time was I told that the case before the court was procedurally wrong.
3 Appearance February 25, 2020

The Defendants appeared with an Attorney who said that I had no grounds for bringing a case on behalf of the elderly since I did not seek and obtain the courts’ permission. He moved to strike out my case in place for an application for Custodianship of the elderly by the very Defendants who the elder asked to be protected from the Mental Health Act. claiming I did not have the court’s permission. ​I asked for immunity for any possible damages for bringing the case​ and the Judge seemed shocked at the request. The Attorney ventured that I was asking for immunity only because I didn’t want to pay cost. I said I wasn’t bothered about cost. That went over his head. I informed that there was another child from another relationship. The Judge cautioned that the defendants must be transparent and that all relevant parties must be included in the application. The attorney indicated that the Act allows the patient to say who he wants to be involved in his care. To my mind that is under normal circumstances when the elder is in agreement to and part of that decision but not part of the Claim. The Judge then said if by the adjourned date she does not have the MHA application before her “the issue will have to be kept alive” . that is the case on file. The same case with all the ‘not procedurally sound’ issues.

With this conditionality and know it would take some time to get in touch with the other child, ​and knowing that I did not use the MHA but was guided by the Human Rights Act/Principles for Older Persons resolution 46/91 of December 1991 of which Barbados is a signatory I decided to prepare and file my Submissions.

The 2nd Claimant did not appear because although the Court served Take Notices on all parties, he did not receive his service. The defendants purposely and maliciously withheld all this information from him. The matter was adjourned for March 20. ​The Attorney indicated to me after the hearing that he has never met the 2nd Claimant.

The case was further postponed to March 26 then along came Coronavirus.

4 Appearance Friday 26, June
The Judge indicated that she did have the application under the Mental Health Act in her hands and therefore she will dismiss the original case. I asked why and indicated that I filed submissions for my case which stated the law under which a party could bring a case on behalf of another and gives immunity. The Attorney interjected that I went ahead and filed submissions although I was advised that the application for the MHA would be soon coming. He further stated that I did not have the court’s permission to act as the elder’s friend.  I was shocked.  Only then did the judge say to me that my matter is not procedurally sound. He also stated that the Judge should not even have been entertaining me since I was not a legal party. Four sessions. I asked for leave to get permission.

I asked for leave to get permission but the Judge indicated that she had the MHA application in her hands (as if to say the one overrides the other).​ Not being an Attorney they distracted me. The Judge never reviewed my Submissions, it seems, as she clearly had decided to go with only what she knew and what the defendants’

Attorney proposed: the MHA regardless of my response to the defendants that I did have grounds to bring a case under the Human Rights Act as outlined in the submissions before her (filed before the defendants’ MHA) and ​which​ ​is interpreted to state that I did not need the court’s permission in this instance. The Elder was a part of the Claim.

My application was faulty, yes, covering what could be deemed many cases/issues. The remedy therefore could have been to strike out that part of the case which was in conflict with the Law and retain and ventilate those which were covered by the law as per my submissions.

The Deputy Permanent Secretary of the Ministry of People Empowerment and Elder Affairs did say that there were several legislations that could have been used to issue a Protection Order. This is mind-boggling. I bowed out. I however asked for the elder to be allowed his independent attorney as in the first instance it was a violation of his civil liberties;that he was held hostage in his own home and secondly denied access to his attorney and appropriate medical care and attention.

The big irony is that the Attorney asked for cost which I instructed that the 2nd Claimant will have to pay since it was his case I was joined with. ​He has to pay the cost for attempting to bring a case against the defendants who used his money to mount the defence against his case. T​ he very defendants who are again now using his money to bring a MHA application without his knowledge or consent to suggest/ inquire into his capacity to manage his own affairs and for them to do so if he is found to be incompetent.

Stephen Lashley missed it all along…that the elder was also listed as Claimant. LMAO

The Law is an Ass. Or the people that work it.

Nothing in my Statement of Case suggests that I intended to be the party applying for Custodianship of the elder.

MISCARRIAGE  OF JUSTICE


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223 responses to “The Law and Protecting the Elderly – Managing by Default”


  1. Welcome to the TURD WORLD, Black politicians/judiciary know how to impliment CYA.

  2. Vincent Codrington Avatar
    Vincent Codrington

    CYA? What is this acronym spelt out? What ever it means I agree. Lol !!. Wuh Loss.!!

  3. William Skinner Avatar
    William Skinner

    This is an instructive and informative post. The last administration made some worthwhile moves regarding child and domestic abuse. However they were weak. We still have people going before the courts for domestic and child abuse and the cases are allowed to lag until behind the scenes deals are made to get them thrown out.
    On a daily basis, senior citizens are left exposed to all types of deviant behavior. It’s obvious that , like most things, we see the abuse of elders as somebody else’s business. We seem to think that repetitive speeches and political PR and photo ops are all that matters in some ministries.
    Child abuse, domestic abuse and elder abuse are all reflections of a society in cultural transition and unless we find radical ways to deal with these atrocities , they will continue .
    A very good post.


  4. Where was the welfare department? They have the power to intervene without invitation.

  5. William Skinner Avatar
    William Skinner

    @ Hal
    The Welfare Department when clinically analyses is still modeled on the old vestry system. It’s like putting a whole bundle of new accessories on an old car.
    The question should be: Why have a Ministry of Elder Affairs if it’s just about hampers and political gimmicks.


  6. Other countries in the so-called First World are having similar difficulties. Last time this was brought up I posted articles from Canada, the USA and the UK that supports this. It is an evolving area of protection in most jurisdictions.

    It is amazing that at a time when the absolute madness of the ‘First World’ countries is on full display we still hold on to the myths that disparage black run countries.

    We are currently observing that all it took to dispose of the USA’s brilliant constitution is one ignorant madman.

    We are currently observing the unequal ‘justice’ meted out under their judicial system.

    We are currently observing the flabbergasting incompetence of their executive branch in containing a virus that the Caribbean has managed with astounding efficiency. These people abandoned the elderly in the nursing homes to die.

    Yet the white man’s narrative remains the tale remembered and told here in Barbados by some of us.

    We are a flawed people who at least have the excuse of scarce resources.

    HAVING STOLEN ALL THE RESOURCES OF THE “THIRD WORLD” WHAT IS THE EXCUSE OF THE “FIRST WORLD”?

  7. WURA-War-on-U Avatar

    https://r.search.yahoo.com/_ylt=A2KIbMuTivxeA0kAnw5XNyoA;_ylu=X3oDMTEyazNpcWwwBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQzAwOTRfMQRzZWMDc3I-/RV=2/RE=1593637652/RO=10/RU=http%3a%2f%2fwww.un.org%2fesa%2fsocdev%2fageing%2fdocuments%2fReview_and_Appraisal%2fCR_Carta_ENG.pdf/RK=2/RS=bh21LqoswTyw2Hv5OPCjmI2ngFs-

    Did Barbados ever ratify this San Jose Charter on the Rights of the Elderly in Latin America and the CARIBBEAN.. THAT THEY ARE ALSO SIGNATORY TO…..i won’t hold my breath because from the Supreme Court to the Bar Association, to the Parliament and everyone else sees the elderly as convenient targets to be robbed and abused, their estates stolen, their beneficiaries robbed, their bank accounts robbed and everyone has been having a field day abusing the elderly from the 1960s.

    I know they ALL IGNORE THE CONTENTS OF THIS AGREEMENT/Charter…especially as it dictates the EXPEDITING OF ALL LEGAL MATTERS pertaining to the elderly in the judicial process, they deliberately ignore that section and DRAG vulnerable elderly people, many with health issues, through the repulsive court system FOR YEARS on end….maliciously stressing them out until they DIE….savages..

    and all of them who love to jump into the media with their pretense and empty lip service hves always known about all the abuse toward the elderly using the Supreme Court, because some of them have been in the parliament over 30 years…


  8. It is an area of protection that needs urgent attention. We have work to do.

  9. WURA-War-on-U Avatar

    The Charter explicitly states that the elderly from the AGE OF 60 should have all their matters LEGAL and otherwise expedited PROMPTLY …especially in THE JUDICIARY…

    the wrteches in the parliament and bar association are still holding on to that document and not IMPLIMENTING anything in it like the crabs they all are.

    ..just like they are still holding on to the International Human Rights for the Indigenous Africans/Caribbeans and are only now looking at it since they have been EXPOSED…..but there is nothing in that document to CYA cover your asses…. with….


  10. @ William

    Like most subjects on BU, we have had this discussion before. Last time I raised the point of a 100 yr old man who had his water cut off without notice and our wise chairman responded by saying the man should have looked at the BWA Facebook page for the notice.
    I kept quiet as I was at the time criticised for being rude to him. Some other fool came on and said his relatives and neighbours should be looking after him. I put that down to Bajan exuberance.
    But, fortunately, the man is still alive in this CoVid age and so far has not heard from welfare or even his MP as to how he is coping. He gets neighbours who pop round and offer to pay bills for him, but every time they do, it costs $20.
    Just look at the number of elderly dumped in the hospital. I said during the last debate and say again now, that children should be held responsible for their elderly parents. If they refuse, then they automatically lose their inheritance.
    Barbados has a lack of a language of kindness. Talk to any overseas Bajan and they tell the same story of their relationship with those at home. It does not matter if they come from Canada, the US or UK.
    I know a lady, a returnee, who told me that she tries to avoid stay at home Bajans, unless she really has to come in to contact in business, shopping etc. Otherwise, all her close friend are fellow returnees.
    It is the predictability of Barbadian behaviour I call the Bajan Condition. It goes from lawyers, bank staff and doctors, to plumbers and gardeners. Ask Rihanna about local undertakers.


  11. @William

    We have to do better at protecting the vulnerable in society. And a small society which makes us blood family all the more. There is a reasonable expectation the ministry of elder affairs should be leading on his matter. Have we seen the improvement to justify many hands make light work so far?

  12. Piece the Prophet Avatar
    Piece the Prophet

    To the Party that Posted this Article

    You are to be commended for trying to do the insurmountable among the superlatively incompetent and dishonest and uncaring, led by the most incapable, supported by the most unreliable and undeniably most indolent people in the fvucking world!!!

    As Willy E Coyote says it is a Turd World Country AND PROUD OF IT.

    You have highlighted

    A. Incompetent judges
    B. Complicit lawyers
    C. Waste foop agencies
    D. Antiquated laws

    in a country that feels that it is special

    It is the saddest thing to realise that the elderly and children are abused in Barbados with impunity.

    And yes, it is a worldwide phenomenon but that is of no real import to your discourse is it?

    But you are to take hope cause God does not sleep and when He commences His Own Judgement of these iniquities ALL OF THEM GOING START TO CRY AND ASK “Why us? What we do to deserve this?”

    Soon come, soon come!

  13. Critical Analyzer Avatar
    Critical Analyzer

    This general issue is a damned if you do, damned if you don’t type of scenario. It cannot be fixed by laws. There are far too many scenarios to cover that will always leave someone at a disadvantage. I have seen things go well and poorly because the parties involved knew no better and if you don’t know people around you in the know or have the money to pay professionals for advice, you will suffer.

    All that needs to happen is for the Elder Affairs to produce a reference guide for adults on the options available to them when planning for the twilight years while they are still in control and able to make arrangements.

    Too many people have no idea what they need to do and by the time they realize their error, they are left scrambling or too are late to fix it.

    Sample scenarios for the guide can be Hospitalization, Sever Disability, Transfer of Property, Wills, etc.


  14. Piece,

    It is indeed relevant that the problem is worldwide when one uses the term “TURD WORLD” country. It suggests that this is a feature confined to such countries and prevents us from being designated as ‘First World’.

    It is quite true that there is nothing special about Barbadians. Ain’t nothing especially different in the negative column either.

    Everything you stated is the case in most countries. ALL good people in ALL countries have to battle EVERY DAY to advance the cause of justice because there are always bad people in EVERY COUNTRY who try pervert it in their favour.

    I see Hal is back to disparaging all of us who have chosen to remain here. But let me state that I get good service here and I get bad service here. I meet excellence here and I meet total incompetence here. I meet crooked people here and I meet honest people here. I meet people who leave their elderly parents at the hospital and I meet the VAST MAJORITY OF THEM PICKING THEIR ELDERLY PARENTS UP.

    I don’t have to ask Rihanna about undertakers because I have had many close relatives buried here
    There were no problems.

    And if he thinks he is glad he doesn’t live here, he should see MY face right now!

    A few short visits is all we can stomach.


  15. A reference guide as suggested will assist the elderly and possibly reduce cases like the one exposed here BUT the recourse to legal support to arbitrate is still required.

    >


  16. Bare “fvking” shite wuhnuh does talk sometimes including you Piece.

    We are neither the best nor the worst. And the “First World” countries’ asses all exposed and full of sores.

    The battle is a daily one that will never be over as long as human beings run the world.

    Get real! Your criticisms will be brushed off as nonsense otherwise. Most counterproductive just like “waste foops”.


  17. Some other fool came on and said his RELATIVES and neighbours should be LOOKING AFTER him. I put that down to Bajan exuberance. {Quote}

    I said during the last debate and say again now, that CHILDREN should be HELD RESPONSIBLE for their elderly parents. If they refuse, then they automatically lose their inheritance. {Quote}

    ?????????????????????????????????????????????????????????????????

    Wuh type uh fool Hal Austin is for saying that children should be responsible for their elderly parents?

    Should we put that down to UK exuberance?

    I keep on telling wunnuh that Hal Austin ain’t as smart as he want wunnuh to believe.


  18. The issue is exposed daily on BU which mirrors wider society. Some of us relentlessly squeeze every issue into a narrow agenda.

  19. NorthernObserver Avatar
    NorthernObserver

    As people live longer, and the incidence of living with mental incapacity increases, the need for a living will or similar directive grows. Without this, abuse at all levels is enabled.

  20. Critical Analyzer Avatar
    Critical Analyzer

    @David July 1, 2020 10:24 AM
    A properly written reference guide puts the information in the individual hands and leaves it up to them to sort out their own affairs while they have the power to do so. Legal Support is for people who have the money to pay and some of the lawyers will take your money knowing full well their hands are tied can’t do anything to help you.

    I know a situation where an elder lived alone and was suddenly incapacitated by a stroke. They had a will leaving everything to a family member but that same person was not in a financial position to care for the elder and their children too so they had to decide if to spend the little money they had on their children or this elder family member so they had to put them in the geriatric hospital. Said person had more than enough money to cover private care based on the bank statements still coming in the mail but they could not touch a single cent to get any care for them because they can’t access the money.

    A proper guide would have put the power in the persons hand and if they decided not to take action, it would be at them to take their chances. All these elder care scenario are as a result of poor, early planning.


  21. Care of the elderly a problem in Canada and Barbados.

    Some greedy relatives will take advantage of the incapacitated.

    Some wait for their “inheritance” hoping “dey gine soon dead.

    There are enough experienced lawyers and doctors in Barbados who could create the Legal and Medical framework to ensure that the elderly are properly taken care of until the die.

    I know of a case in Barbados where the person was cash poor but owned 3 or 4 properties that his children inherited when he died in a government facility.


  22. In a case like that, government should have first call on any remaining estate. In fact, if the relatives did not look after the elderly person they should lose all right to claim on the estate. Cash poor, property rich people should not get a free ride.


  23. @ Hal
    @ piece

    YOU BOTH HAVE NAILED.

    DON’T MIND THE BULLSHITTERS WHO DON’T WANT TO FACE UP TO THE TRUTH ON THE 2 X 3 ISLAND


  24. @Critical Analyser

    The point to take on board is that some senior citizens will be delinquent In organizing their affairs and a crisp legal system should be available to assist.


  25. The point to take on board is that some senior citizens will be delinquent In organizing their affairs and a crisp legal system should be available to assist.(Quote)

    Is this a serious contribution to the discussion?

  26. William Skinner Avatar
    William Skinner

    @ Donna
    This propensity to measuring almost anything by “outside” standards is essentially self-defeating.
    We are way ahead of the so-called “ big countries, in several areas. For eg, our Labour laws and maternity leave laws are far superior to the USA. Many would be surprised to learn that paid maternity leave in the USA is a very recent development.
    Our lower income government driven housing is another area that surpasses many developed countries. We may criticise our parliamentarians but in many cases they are intellectually superior to some of the jokers in the big countries.
    We need to have more self confidence and stop believing that we are inferior or need to take the time from others.
    With proper political management; a more defined goal in the management of our natural resources and the eradication of stupid political polarization, we can rapidly emerge as a prime example of how to manage a small open economy.


  27. “Exercise caution in your business affairs;
    for the world is full of trickery.
    But let this not blind you to what virtue there is;
    many persons strive for high ideals;
    and everywhere life is full of heroism.”

    I see that Comrade Hants has a good understanding of the situation. It’s not a Barbados thing of a rest of the world thing.
    What we are see is not the “Bajan condition” but it is the ‘Human Condition’ on full display.This story could be about greedy relatives at work; a troublesome observer, or a greedy side chick (oh yeah).

    I added in that last point, not because I believe it, but because I want to offend your senses. And in case you are tempted to ask, why do I feel it is a woman? it could be a greedy man.

    Of course there is a need to protect the elderly, but laws by themselves cannot do it. One of our common complaints is that we have a lot of laws, but some are rarely enforced.


  28. As a small country we have to find a way to help people. To define help meNs being able to cut a path through the bureaucracy. A couple weeks ago we endured an example of bureaucracy at work of a woman throwing feces in the backyard which affected others in the semi attached housing.


  29. Long term care is a universal thing, as longevity increases. It is not just Barbadian. However, if we are going to develop a social policy programme to deal with the issue we have to look around the world to see what others are doing then make a decision that is pertinent to Barbados. Again, this is where insurance comes in. Long term care is part of retirement planning – from retirement to the grave.
    We cannot claim to be world class, on the one hand, but do not want to learn from the rest of the world on the other. Al that means is the circularity of mediocrity. It is sentimental nonsense.
    Family conflict is also universal, that is why we need laws in place to minimise such conflict. Even wills are frequently challenged in UK courts. The difference is that in some countries this uncouth behaviour is normalised and we are left with judges making crucial family decisions.
    As I have said, if relatives fail to step up and look after their own, then they automatically exclude themselves from any inheritance. Also, if the state has to step in, then the state becomes the primary claimant on any remaining assets.
    As to the care of the elderly, of course relatives and friends should be at hand, but it is the role of the state to provide the social safety net, which in Barbados is inadequate.
    By the way, as to dumping elderly relatives in hospital, what we need is a total reform of health care. For in-patients, the state should only pay for the medical care, bed and breakfast should be paid for by the patient. Hospitals are not hotels.

  30. Piece the Prophet Avatar
    Piece the Prophet

    @ Gentile Donna,

    De point that I Piece the Prophet, formerly Legend, wish you to understand is bottom line.

    De ole man understands your deflection as to the universal issues of Eldercare bit, and here is the thing, whereas I have recourse in the US or Canada or the UK to prosecute a matter there, in Barbados THERE IS NONE!

    Please try to remain focused on the topic at hand and not get carried away by my emotive commentary.

    Heheheheh

    The key points remain by the blogger.

    They enumerated their circumstances and they listed 6 weaknesses in the Bajan Situation which supports Mr. Austin’s Bajan Condition

    No need to get vex with me or Hal over the mess that our country, replete with waste food, is in!

    Having confirmed that this blog is accurate what do you think should be done.

    Do you think that Waste foops, cynthia Forde Minister of Elder Care or former waste foop Senator David Durant, were or are worth the salary they were or are paid?

    Given the blog content do you not concur with Piece the Prophet that they are waste foops?

    I await your response with my usual enthusiasm


  31. Some have recourse in Canada, USA and UK and others do not. How often have I read of people fighting obvious injustices in those countries for years and years?

    Steupse! If we believe you, Hal and Baje then I don’t know why we get angry with the white man when he says that we are inferior.

    Right now I am happy living in Barbados fighting the good fight till I die with a smile on my face. Gave my father some of my first chives. You should have seen how pleased he was. Got some here for my mother. I hope the shock does not kill her.

    Another thing I am observing though is that Piece is allowed to use “emotive commentary” and no-one thinks he’s “hysterical”.

    Now to your point. I do not have all the answers to this or any other problem. I have not even begun to think on this particular one.

    But I do remember Donville Inniss, speaking as Minister of Health, promising to fix the problem of the abandoned and propertied elderly by using their assets to pay for their care.

    But here we are still with no progress.

    As for Cynthia Forde, I would ask her to give an account of her stewardship because there is an urgent problem that needs to be fixed. What the hell is she doing besides getting her hair done every day? (Or so it looks.)

    Seems to me that there should be some agency that is authorized to investigate reported cases of elder abuse and take the appropriate action. A social worker should interview the elder in private. 6There should be a panel of doctors who evaluate the mental competency of the elder to determine if he or she is in need of an intervention or removal to better care and a family court to hear any objections from the family. If the elder is deemed to be deliberately abused then he or she becomes a ward of the state. That person’s assets should be used to provide for their care. Of course this would require serious oversight to ensure that the money is used for the intended purpose.

    The legal framework is not for me to design.

    If it is that the family just needs some education or support then this should be provided to allow the elder to remain with the family. Follow up visits should be made for a reasonable period.

  32. Bajans Are Sheeple And Not People Avatar
    Bajans Are Sheeple And Not People

    Someday, someday coming soon someone will say no more shite will be accepted and take the law into their bloodied hands. It’s inevitable when RH shite like this happens.


  33. Reverse mortgages and other financial vehicles such as long term care,critical illnes with riders and proper estate planning. A well qualified Chartered Financial Planner or a Chartered Insurer can do no need for a Lawyer. Both the long term care and critical llness policy would provide ,home help,assisted care and hospice care. I am sure that that BARP should assist in this regard.


  34. @curley16

    You are right. Lawyers are not financial planners/advisers, nor are insurance agents. Lawyers have an undeserved elevated place in Barbados and lawyer/politicians do everything to keep things as they are.


  35. @ Donna

    The government agency authorized to investigate reported cases of elder abuse is the National Assistance Board. This is where ‘Concerned Citizen’ should have first reported this matter.

    The elderly person would have been interviewed by a Welfare Officer, the investigated case and the appropriate action taken as a result.


  36. Just called CBC about a technical problem with my MCTV. As usual the call was answered by the second ring by a most pleasant agent. I’m sure my little problem will be fixed promptly as usual.

    Told her how pleasant it was dealing with her. She laughed happily.

    Some Bajans too sweet!


  37. Artax,

    In other words provision has been made. Why didn’t somebody explain that to the lady?


  38. Everton Weekes is dead!


  39. @VC

    CYA = Cover Your Ass


  40. @Wily

    Not quite.


  41. CYA = carry your ass.


  42. @peace the Prophet.
    Thank you for your kind words. It was traumatic because I saw these children raised by this man single-handedly when the mother absconded to the US leaving them behind. Further I myself am living in a foreign country and approaching old age. It could be me. It could be you. It could be Cynthia forde
    I was disgusted by the way these people chose to reward their family member and pissed that I had to jump so many hurdles and tripped on all because there were no flipping teeth. Every agency saying they could not just walk in and “meddle” in private affairs. Like hell, you could.
    I just did.
    The Human Rights Law has many clauses under which this issue can be dealt with by agencies and by private citizens.


  43. Default:
    First there are the lax laws that allow persons to abuse elders undetected
    Second the callousness of the Judiciary that receives an experts application or any application that informs that a human is in peril and sets a date on Good Friday then give the application a calendar tour before giving it a Judge
    Third a Judge that promises to give some orders to a Statement of Case that is “not procedurally sound” then reneges on that but instead directs the Applicant to serve all parties, thus informing the perpetrators that their little game is over while the vulnerable remains in their grasp.
    But Barbados enters into a twilight zone when the very perpetrators are given permission by the court to be Custodians (Interim Receivers) of the very person who begged for help/relief from the trauma and torment.


  44. @ Hal Austin
    Travesty.
    Were it in the ghetto, perhaps the Probation Department would have waltzed in and ask “is everyone alright in here”.
    But because this is a well-situated family the question of lawsuit(s) is king.

    My understanding of the power of the Probation Department is that they have to receive a complaint from the elder for them to enter and investigate.
    Pray tell how does one who is held hostage do that?
    Since 2017 (I am losing the distance past) and I wrote asking the Prime Minister to intercede on all elders by bringing legislations with teeth to deal with these matters.

    Its purely despicable.


  45. @ TheOgazarts.
    lol
    I hear you. lol

    What I will say is that in researching precedents for this case I learned of the overwhelming amount of elder abuse in developed countries too and how very subtle it is and difficult to recognize. I also learned that it is always, always close family members and trusted persons whom you would least expect that abuse the elders.
    I also know of the fierce battle to remove the offending party(s), the mudslinging and character assassination that can ensue when there is a lot at stake.
    All this man wanted was access to communication with persons outside the home particularly his Attorney.
    I felt compelled to intervene because it was I who advised him to prepare his final papers and accompanied him to his Attorney to discuss and initiate that in 2015.
    Access to legal and medical services and socialization is a Human Right.


  46. @ BU
    Yes, recourse to legal support to arbitrate is still needed.
    This is another can of worms. The elderly are being preyed upon by some Lawyers too. They are asked to bring in land documents, make deposits for the services but then it is a long run around until they die Then the crows/eagles swoop in. Tthere is currently massive land fraud around and about.
    Recourse and access. Many elderly people have money they accumulated but family members, like the ones in this case, hold on to the management of it and in fact squanders it on their lavish lifestyles to the detriment and trauma of the victim.
    Often family members elect not to work but to become parasites on the elders depleting their finances faster.
    There are so many instances but I could speak to and represent on this case because I have known the victim and the children since they were in primary school and was involved in many discussions concerning them over the 20 years. I also have proof of various events and occurrances..


  47. Cheurfleur,

    Keep fighting the good fight! There is so much to do and so little time. So many things that need fixing.


  48. @ Robert
    the flip side to your comment is that of children feeling that they are entitled to their parents’ assets.
    Having rated them, fed them, clothe them, socialized them, educate them why is it parents’ duty again to maintain them into adulthood and old age. The Police Officer at Worthing told me that the children are his and therefore it is ok for them to spend his money on themselves (albeit, to the point, he is worried of going bankrupt before he dies).
    Some of them don’t even want to wait until the elder dies to covet their assets. Have you seen the Geriatric Hospital? Or the conditions some of the elders among us live in? Do you remember the Hernandez brothers who hired hitmen to slaughter their parents in America? This phenomenon is real.
    Talking about that. Politicians know who these elders are and where they are, come elections time to beg for votes.
    Shouldn’t there be a database of all persons over 60 or 65 that the respective agency should visit regularly and monitor? There is such a local-government community program in Canada.


  49. @ Northerner
    Sir indeed people are living longer, with more stress that is causing them many impairments. It is evident that after 65/70 you have reached your “use by” date. The paltry laws that are “on the books” demonstrate clearly that society doesn’t care about you.
    Having diminished mental capacity too is a double-edged sword. Literally. As soon as the elderly begin to show signs of slowing down or forgetfulness, that becomes the new weapon. Without professional diagnoses, the family, those intent on robbing the grave, begin the emotional and psychological assault by labelling the elders as senile or that they have Alzheimer’s. It is a very vile comment. It is very painful to the victims realizing that first, they have become so vulnerable and that the very people they depend on is so callous and cruel.


  50. I never knew the ‘Probation Department’ dealt with these types of cases.

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