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Profoundly disabled uniquely vulnerable to Individual Support Package funding rort : Comments
By Patricia Eisele, published 23/9/2016Since 2012, Karen has been held in a carefully managed prison of silence, while her family uses her disability cash to fund their mortgage payments, household expenses and home renovations.
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Posted by diver dan, Friday, 23 September 2016 9:35:43 AM
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A bit odd , how does the writer know what happened during the 4 years of silence? If the family changed the password then how does the writer know about that? But the bureaucracy style sounds familiar..
Posted by nicknamenick, Friday, 23 September 2016 10:22:47 AM
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I have to agree with Diver!
If there were an actual problem, the money could be provided as an endowment rather than cash, and an ability to direct and authorize service delivery? That way, there'd be a firewall between the funds and the family? Are they being paid to care feed, wash, change dirty nappies and then wheel her into the shower etc, etc! Which if handed to the government to provide as nursing home high care would likely cost as least as much, minus the 24 hour around the clock care? Where a single RN might be tasked with presiding over such service for a dozen or more, while on a 100 hour shift, replete with a cot, 2-3 rotated helpers and power naps! My Father died in high care from what could have been serious malnutrition? A big man, he wasted away to resemble an emaciated POW. I visited fairly frequently to enquire how he was getting on and if he needed anything, chocolate, undies, toiletries, toothpaste, a day out at the usual family BBQ or just a drive in the country, which he enjoyed, when not angry with the world! He died in hospital with a "Management" catheter fastened to the bed and golden staph! Needless to say, my mother who retained her marbles, spent her last days but one, in the family home being attended 24/7 by yours truly for everything she couldn't manage! And given I considered it my privilege, without a single cent from government, for the decade she needed increasing assistance! I believe the Author hasn't a clue on what is required to look after a disabled person, let alone a profoundly disabled one!? And seems to have her knickers in a knot, because they being paid to provide care? So what if they then use their deserved salary to upgrade the family home and the environment of the profoundly disabled relative!? And probably for less than what paid professionals would charge for comparable around the clock, total but entirely impersonal care! Bean counters beware! Alan B. Posted by Alan B., Friday, 23 September 2016 10:30:31 AM
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There are disabled people here who were liberated from a big institution . They grab food from whoever they can because the food was delivered uncontrolled in a free for all . There used to be electro therapy experiments not long ago , blasting voltage into the brain. good grief..
Posted by nicknamenick, Friday, 23 September 2016 12:58:09 PM
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I am the author of the article. Just to clarify. There is no allocated salary to the family beyond a stipend for their time in hiring professional carers, which is about $15,000-$20,000 a year.
The $200,000 is provided in cash to the family to cover the cost of $25-$35 an hour to pay for professional disability care provided by others. Karen is an ambulatory adult without an intellectual disability who requires carers for basic food preparation and dressing needs and transportation to and from work and university. She requires professional assistants to be able to communicate. Police have responded to this case; however, investigations can be lengthy, and without a legal advocate, the process takes even longer. In the meantime, Karen is unable to exercise her right to communicate her needs to others. Posted by Dr T, Friday, 23 September 2016 2:29:39 PM
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Thank you Diver, Nick and Alan B for your comments. It is difficult sometimes to edit my research down to answer all questions in an article, particularly regarding a case with a lengthy history.
And yes, one excellent preventative solution is to ensure state auditors can examine bank accounts for large cash withdrawals that may indicate funds earmarked to hire professional disability carers are being diverted to mortgage payments and household expenses for non-disabled family members. Thank you again for your comments. Posted by Dr T, Friday, 23 September 2016 3:07:13 PM
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Then this is fraud on the Cwlth. They are well able to respond and the amount is sufficient to send others to jail.
Posted by nicknamenick, Friday, 23 September 2016 3:11:51 PM
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In Queensland and I assume other States and Territories there is/are/should be Public Guardian Offices [and Ombudsmen] funded by taxpayers to oversight and contact visit disabled people and children placed in care to check that they are receiving their entitlements, responsibily being looked after, not being roterted and are advocated for where there is an identifiable need. I have been a disability advocate in NSW and a child protection officer and I am well aware that 'well intentioned' policies that 'empower' family members can get rorted by those who have ulterior motives. Elder abuse is another sad fact of life for those vulnerable by manipulative family members. Eternal vigilance is the mantra that needs to be directed to politicians and dept bureaucratic policy makers, heads of depts who often want an 'easy do nothing but sound professional fix' including buck passing and/or transfer responsibility to ngo agencies or worse family members who may not be so ethical as many of us would hope! Prevention is better than cure - so perhaps DEMAND in a Open Letter to the responsible? Minister that they problem is sorted out for the person you have identified and future or existing others. If you want to send me a copy of what you write I will be happy to also 'lodge my concern and ask for remedial ACTION that can either be (a) acclaimed or (b) reported to the Shadow Minister as negative so they are PRESSURED to ask a question to the Minister in Parliament. 'Fight fire with fire!' MAKE POLITICIANS ACCOUNTABLE FOR THEIR RESPONSIBILITIES TO GET DEPTS TO CARRY OUT THEIR RESPONSIBILITIES or threaten to start gathering support to have them replaced at the next election! Some are only motivated by fear of losing their cosy roles -particularly some politicians and public servants . . . . my email, if you are interested, is citizensinitiatedaction@fastmail.fm Use subject line including your name so I know it is not just scam/junk email please.
Posted by Citizens Initiated Action, Friday, 23 September 2016 5:11:09 PM
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I am very saddened to hear about Karen's case.
However, this could not have happened to her unless she had a very grave karma record and no social safeguards could ever be devised to overcome karma's inevitable manifestation. Sooner or later, everyone must incur the results of their own actions. Posted by Yuyutsu, Friday, 23 September 2016 5:46:58 PM
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please explain
Posted by nicknamenick, Friday, 23 September 2016 6:38:53 PM
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What is wrong with this system, is the cash allocation with no questions asked, apparently?
In medicare provided service, one needs to present an account to receive partial recompense! Perhaps that's how this same money could be allocated, as a small pool topped up on the receipt of evidential documentation? As a very young man I worked in a foundation for the blind. Some of our residents were unable to communicate because of complicating brain injury conditions. We used American sign, a system of open and closed hand communication on the hand of the patient! A bit like morse code but better and completely silent! A fingertip a dot, the whole firger laid flat a dash, with dragged fingers complimented by a closed fist as exclamation or question marks, I think? It's something you need to use fairly frequently to remember perfectly! We started with the alphabet and proceeded from there! Even with the lights out, there is often somebody at home! One assumes, if Karen is going to university? She must retain some cognitive ability? And perhaps a tactile response? If you've heard of American sign Dr. T.? Perhaps you could investigate it as a means of communication, given it worked as common practise decades ago on folk both deaf and blind! Some in their eighties and nineties, who could on their off days, test the patience of a saint! Today, we have other marvelous tools, like the cochlear implant and work proceeding on a bionic eye! Can Karen use a keyboard and perhaps communicate like Stephen Hawkings? Who is possibly more profoundly disabled than Karen? Is stem cell therapy a possibility? Given their own harvested nasal stem cells have helped spinal injury patients to walk again? Perhaps nasal or other stem cells could be used to repair some brain injuries? Not the least of which is (spastic) conditions created before or during birth!? Alan B. Posted by Alan B., Saturday, 24 September 2016 11:25:40 AM
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Alan B. Thank you for your comments. One of the misconceptions about Karen is that she has an intellectual disability. She does not. She is articulate, well-read, writes beautifully, and until four years ago, engaged in debates on politics, human rights and world philosophies. She has written 5,000-word university research papers. People with profound physical disabilities (e.g. Helen Keller, Stephen Hawking and Joseph Merrick - the Elephant Man) are often assumed to have accompanying intellectual disabilities when they do not.
What has happened to Karen may be difficult to understand because it is such an egregious removal of her human rights. Her family took away her free access to the talking keyboard she requires to be able to type her communications. She cannot use without someone taking it out and setting it up. The family changed her email password to prevent her from reaching out to others. There is evidence they have been fraudulently sending out emails from her account. Karen is seen out in the community and so there is an impression that she is cared for by her adoptive family. However, for the past four years, she has not been allowed to speak to anyone in public. This was after she reported embezzlement, theft and fraud from her accounts. The only DHS condition placed on the $200,000 ISP package is that invoices matching approved line items are submitted each year by the family. Karen provided evidence to me before her rights were taken away that invoices were being falsified. Posted by Dr T, Saturday, 24 September 2016 2:36:33 PM
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Legal Aid NSW: Home
www.legalaid.nsw.gov.au/ May 19, 2016 - Provides services to disadvantaged people. Access topical information, policies and links. Multi language support for information on legal aid ... Police can search without a warrant if a crime is reasonably suspected. Fraud is a crime. Posted by nicknamenick, Saturday, 24 September 2016 3:12:30 PM
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Thank you Nicknamenick.... The first organisation Karen reached out to was her local disability legal service. Someone at their offices breached her confidentiality and reported details of her visit to her family. That is when they first took away her free access to communicate. In her case, many organisations tasked to assist have failed to respond to her needs. This is not always intentional. As I wrote in the main article, agencies have a large, difficult task in providing care to Australians with disabilities. Karen is one example of a system failure. But, that does not mean the system fails to provide services to the vast majority of those who need help. I do not want to paint this as a broken system. Karen's case and her tribulations are a way to ensure risk management corrections are implemented within current policy so that those with disabilities, their families, taxpayers and society as a whole benefit.
Posted by Dr T, Saturday, 24 September 2016 3:51:32 PM
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There are Official Visitors for disability responsible to ministers and Ombudsman.
"Fraud against the Commonwealth is defined as 'dishonestly obtaining a benefit, or causing a loss, by deception or other means'. . In some cases, investigations are conducted in liaison with state and Federal Police. If you or a member of the public is engaging in criminal or fraudulent activity, your case may be referred to the Commonwealth Director of Public Prosecution for consideration for potential criminal prosecution." Posted by nicknamenick, Saturday, 24 September 2016 3:52:47 PM
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" her local disability legal service".
Then why wasn't the legal service continued? Obviously the defendant would deny anything which is not a block to a lawyer checking invoices and so on. Or police and so on.. Posted by nicknamenick, Saturday, 24 September 2016 3:57:37 PM
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Thank you for the update Dr T! I think current affairs on channel nine ought to be notified along with the responsible minister! Who won't sit on his hands any longer if this matter becomes another four corners expose?
And as the minister responsible, ought to be tasked with restoring Karen's talking Keyboard and her rights, now today! even if that includes removing her, with armed police escort from that controlling family environment, to a witness protection safe house, where a new assembly of carers can take over the duties of previous hired helpers! And for obvious reasons! I have to agree with Nick, somebody needs to explain and justify the expenditure and the withholding of Karen's communication device! And if fraud and human rights abuse is proven, those responsible should do time and have their ill gotten gains confiscated as the proceeds of crime! No ifs, buts or maybes! Poste haste action is warranted lest a young woman with no means to defend herself succumbs to sudden death syndrome!? And possible in an incredibly heartless family environment that has already ensured she is effectively silenced? Somebody who gives a dam needs to act now, with urgent alacrity, before worse happens? Waiting for a family suddenly infected with a sergeant schultz syndrome, or the empathy of a steel arms locker, is arguably a recipe for sudden impending disaster! Is the family home insured!? Is Karen insured and who is the next of kin, and do they have enduring power of attorney!? Alan B. Posted by Alan B., Saturday, 24 September 2016 6:01:17 PM
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Nicknamenick... The call to the family by the legal service prompted the family to remove Karen's free access to her keyboard device and her email account. She was never able to contact them again. She tried to find a new disability advocate, but her circumstances now are that the family controls the hiring of carers and has instructed them to not allow her to speak with anyone in public, schedule any meetings, or visit anyone without their knowledge and approval. Through controlling the $200,000 allocated for staff payments, they control where she can go and what she can do, even though they are not her legal guardians. She is an emancipated adult - but without basic human rights.
This is why I wrote the article. It seems like this situation should not be happening, but the loopholes allow it to. I hope this article inspires someone with authority to take a very detailed look at how profoundly disabled adults are put in a uniquely vulnerable position because their families are given control of large amounts of cash. Posted by Dr T, Saturday, 24 September 2016 6:05:51 PM
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Thank you Alan B... Good suggestions. And, yes, I hope someone in high authority sees this article, reads these comments, and decides to intervene into Karen's case. If you read my previous post from April 2016: 'Prisons of Silence: The Dark Side of the Australian Disability Support System' you will read that Karen was removed from her family home for abuse in 2010. She was being locked in a small room at night.
Karen was taken to a safe environment and given her own state housing flat. But the family were allowed to file a lawsuit 'on behalf of Karen' against DHS and the Public Advocate. They alleged Karen was removed into an environment where she was not given access to her keyboard (yes, the same thing the family is doing to her now). Both DHS and the Public Advocate decided the case was too difficult for them to defend, given Karen's disabilities. So, through mediation, they gave 'Karen' $20,000 each. But it was put into a private bank account under the control of the adoptive mother. So, Karen lost out again due to an oversight by the agencies who should have protected her. During the time of the court case, she was moved back in with her family, without the Public Advocate's knowledge. No one came looking for her. I know this sounds like madness - but savvy rorters and serial pests are working the system through their knowledge of loopholes. And if persons with disabilities are to be respected as human beings, these loopholes need to be closed. Posted by Dr T, Saturday, 24 September 2016 6:24:22 PM
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Hear, and well said Dr T!
One can only hope someone in that "family" grows a conscience and a backbone before the authorities force one on them and with it some real jail time! And where hardened criminals with families of their own might ensure it's very hard time indeed! I can't think of lower life forms than sub humans, who rip off the profoundly vulnerable, save Nazi war criminals! Good luck and best wishes Karen and I hope your unimaginably horrible situation is remedied soon! And that might be as soon as the appropriate authorities get off their too tired/can't be bothered backsides and do what they ought the very first time! preferably before there's an avoidable tragedy!? Alan B. Posted by Alan B., Saturday, 24 September 2016 10:49:12 PM
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T
It's back to the start.. "She was never able to contact them again. She tried to find a new disability advocate, but her circumstances now are that the family controls the hiring of carers and has instructed them to not allow her to speak with anyone in public, schedule any meetings, or visit anyone without their knowledge and approval". If she can't use her keyboard how do you know these details ? And if someone is able to find her facts , are you saying that the Cwlth Human Services aren't interested in the cash fraud for $800,000? Good story but there's a fish..... Posted by nicknamenick, Sunday, 25 September 2016 7:23:49 AM
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The problem specified here is one! Removal of Karen's access to freedom of communication.
All other problems flow from that disempowerment! This is the task; reinstating her freedom to communicate. The question is, how to do? There needs to be a court order. On the strength of the facts as outlined, an application by her through the police, for an apprehended violence order would succeed! She could then approach a magistrate in a court, as a normal consequence of that application, and present her complaint. At that level of officialdom, the facts of the matter would be dealt with successfully. The question is though; how to assist her to achieve those ends, since she is unable to write, (I assume), because of her disability. Can she draw a "cross"... That wil be legally accepted for the initial application! Posted by diver dan, Sunday, 25 September 2016 9:38:15 AM
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Diver, She's able to type! And via a talking keyboard, apparently confiscated by the family communicate and debate!? Nick wants to know how Karen's story is escaping their censorship!? And no doubt so does the controlling family? Her legal advocate needs to be brought to book over the seeming betrayal of trust and confidentiality! The editor of this site is a decent bloke, with useful connections, that hopefully, will get the right questions asked on the floor? And through that get this matter resolved and the nightmare for a completely helpless Karen ended!
Alan B. Posted by Alan B., Sunday, 25 September 2016 12:54:18 PM
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Thank you Diver, Nick and Alan B for your comments. There are a number of Catch 22s here within the loopholes.
1. I have knowledge of the case during the past four years because Karen previously had a large group of classmates, friends and people in her community with whom she had regular conversations. I also live in the community, and so see them on a regular basis. They approached me to ask why she is no longer able to speak with them. I personally witnessed her being led away when they approached. They have also reached out to the family to schedule meetings with Karen and have been repeatedly turned down. 2. Karen missed a speaking engagement at a public forum shortly after her rights were taken away. The forum contacted me when she didn't show up. Her university classmates contacted me to ask why she was not allowed to participate in class discussions anymore. Her lawyers contacted me to ask what had happened to her, as they never heard from her again. 3. Without the ability to communicate and reach out, and without her own legal advocate, Karen is prohibited from acting on her own initiative. Imagine Stephen Hawking without his communication device and someone to travel with him. Although Karen is ambulatory, she cannot travel without assistance. And her family controls directions to all carers through control of the money. Posted by Dr T, Sunday, 25 September 2016 4:00:08 PM
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4. I also began researching state records regarding past abuse, evidence of exploitative adoptions on the part of the family, and why Karen's associates cannot do anything about her situation.
5. I found that in her state, only family members can act on behalf of a family member with a disability. Or a contractual lawyer or disability advocate. Her past advocate did not follow-up on her comments that she was being punished for speaking out. Her rights were taken away before she could find another advocate. 6. Friends and associates can only 'petition' a tribunal for a hearing and, in Karen's case, they have been turned down. The only option is a police investigation, which is a lengthy, time-consuming process. 7. I also have multiple documents Karen left with me in case her rights were taken away. I have been criticized for using them to bring this story to light. I have told the family repeatedly that Karen gave me permission to use this information to write about her case, and that if she no longer wants me to do so, she could tell me in person. However, the family has declined to arrange for a meeting for me to speak directly with Karen. Posted by Dr T, Sunday, 25 September 2016 4:06:18 PM
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So she walks and talks to the extent of being competent to arrange a meeting verbally in public, at uni . Sounds like she has no use of her hands, probably from Thalidomide and maybe has never had to sign her name to arrange actions. Otherwise is ready to go. She's able to speak into some-one's phone , walk into police / court-house or ask Dr T to arrange a refuge. If the carer starts physically forcing her not to walk into refuge and Karen yells " help. call police " in the main street , then someone should respond..
5." I found that in her state, only family members can act on behalf of a family member with a disability. " She's in North Korea? My wife has a disability , i'm her carer and she acts on her own behalf. Posted by nicknamenick, Sunday, 25 September 2016 4:41:08 PM
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Looks like the problem is that you are playing within the framework of the legal game, prolonging Karen's sufferings. Rather you, Patricia, along with Karen's university friends should forcibly break into Karen's place at a time she has her talking keyboard (to talk with her carer): use stealth and act fast before the keyboard can be disconnected, then physically snatch Karen out with her keyboard into a waiting van and drive her to a police station where she can tell them everything.
For inspiration, see http://en.wikipedia.org/wiki/Operation_Entebbe Posted by Yuyutsu, Sunday, 25 September 2016 5:49:05 PM
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Nicknamenick... Keep asking your good questions.
1. Karen cannot speak at all. No yelling out for help or talking on the phone. She can only type, and she needs her talking keyboard to be able to communicate. No keyboard, no communication. No access to email, no communication. 2. Karen requires assistance and accompaniment into the community. She is never without a paid carer by her side. This is what the $200,000 a year pays for – carers to ensure she can participate in life to the fullest extent possible. She does not have an intellectual disability. Karen can earn a university degree, start a business, pay taxes, get married and raise a family. But, with her profound physical disabilities, none of that is possible without professional carers and access to her keyboard. 3. I do not have permission from Karen to write specifically about her medical conditions. But, at the risk of sounding simplistic.... If you woke up tomorrow mute and blind (i.e. you could hear everything that goes on around you, but could not respond, and could not leave the house without a guide dog or personal assistant) how would you reach out for help? If you could no longer contact a lawyer, an advocate or the police, how would you inform others about financial abuse and punishment? This is why I wrote the article. The profoundly disabled are uniquely vulnerable to this type of abuse. And they are the ones who get the six-figure packages. In the void created when Karen lost access to her communication device, the adoptive family started speaking for her, even though they have no legal right to do so. Her disabled appearance gives people the impression that they are her legal 'guardians' when they are not. There needs to be more diligence on the part of policy-makers and those tasked with supervising the process to ensure that people like Karen are not vulnerable to having their rights removed – with little hope of having them reinstated – when they speak out about embezzlement and theft from their taxpayer-provided funding. Posted by Dr T, Sunday, 25 September 2016 6:33:13 PM
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Lack of autonomy, as you describe. Is the keyboard connected to the Internet,
Or, like a computer, has a duel function, where the Internet is irrelevant? If the only crime committed, is the disconnection from the Internet, than that would hardly constitute an offence. But the act of disconnecting her computer from the Internet, renders her defenceless to a large degree. This is a very narrow thread on which to base an assault against her prison wardens! But I still believe, that under her profound disability circumstances, an apprehended violence order would succeed in helping her raise a voice above her current confinement. Her freedoms are being largely curtailed by her disconnection from the Internet. Have a chat to the local Sargent. Ask for an interview with him in private, in an interview room with a witness. London to a brick on, you will achieve at least an inquiry at the local level, which would be a wedge for her to gain her autonomy back! Posted by diver dan, Sunday, 25 September 2016 9:01:50 PM
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Dr T
It's taken many posts for you to explain the correct story. ".. instructed them to not allow her to speak with anyone in public, schedule any meetings, or visit anyone without their knowledge and approval". But she is mute so that is misleading. If the talking computer , ( which presumably now means a Braille verbaliser , not voice recognition monitor) is not available then "allowing to speak in public" is irrelevant - it's impossible even with permission. So she can hear and nod her head ? So if asked does she want to go to police and nods then someone can act . Posted by nicknamenick, Sunday, 25 September 2016 9:30:07 PM
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Diver: Without her keyboard Karen is effectively gagged by an adoptive family, with no legal right to act for her in any capacity whatsoever!?
Yet reportedly continue to fraudulently impersonate legal carers? While their "captive" is effectively rendered incommunicado! Moreover, if you were confined to a wheelchair, needed assistance to leave the house, get yourself and your wheels into a taxi! Then going to a police station independently would be impossible! Even if that were not so? How are you going to swear out a complaint if the keyboard you used to communicate with had been confiscated to ensure you couldn't activate your legal rights, or report abuse or a crime! Karen is an unusually bright mind imprisoned in an almost useless body? Who if I understand DR T? Has been effectively "kidnapped" and imprisoned by malevolent sub humans bereft of any blood ties or moral scruples whatsoever? And subverting rights as might be legally accorded a bona fide blood relative! For money? Who knows what they're capable of, to keep their ill gotten gains flowing in or to cover what appears at face value, to be heinous capital crime, without equal!? The only parallel that comes to mind, is the nightmare of being buried alive, waiting for someone with an ounce of human decency to rescue you from a completely intolerable and perhaps life threatening situation? Which given the complete lack of morality on display! The latter remains a distinct possibility? The police can and should act to at least ensure, an extremely vulnerable and totally defenseless person isn't being held against her will? There seems to have been a considerable surplus of shoulder shrugging on the part of the ultimately responsible authorities, singularly notable in their abject abrogation of that responsibility and complete lack of actual concern? One hopes that Karen is not the one paying the price for this response? Which at first blush, would have to make the Keystone Cops look like the world's most efficient law enforcement? Alan B. Posted by Alan B., Sunday, 25 September 2016 10:52:40 PM
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Thank you all for your comments and discussion. I appreciate your taking the time to consider this article and respond.
Posted by Dr T, Wednesday, 28 September 2016 3:18:29 AM
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There is a hole in this story!