Submission to the Queensland Civil and Administrative Tribunal

Re: QCAT Application for Reinstatement as Enduring Power of Attorney for Barry Peter Ryan

Submitted September, 2025

Client Number :G56405
Submitted by: Petrina Mae Ryan

Background

After an acute illness in April 2025, my father’s Parkinson’s-related swallowing difficulties worsened, leaving him unable to eat enough food to sustain himself. The decision to place him on “Comfort Care,” which in his case meant withholding life sustaining artificial feeding via a nasogastric tube, was made by my father’s ex-sister-in-law, Barb, on the very first night of his hospital admission at the Mater Hospital (see file: 1. Initial ARP April 2025). 

When this document was signed, Barb failed to disclose that I was also an EPOA and did not even tell staff at the time that I was next of kin. At that time, the emergency doctors did not yet understand what was wrong with dad. Barb gave collateral stating that he was at end-stage dementia and end-stage Parkinson’s, but there is no evidence he ever had these “end-stage”diagnoses and no evidence she had spent meaningful time with him since 2024. As his daughter and first choice as EPOA, I was not informed of any of this at the time and only learned he was in hospital when my sister Michelle sent me a brief text days later, stating that Dad was dying. Michelle has been estranged from our father for most of her adult life.

It is important to note that my father completed a Statement of Choices document in 2019, in which he explicitly stated that he wanted to receive medical treatment, such as a nasogastric tube (see file: “2. Statement of Choices 2019”).

After declaring that Dad was dying, Barb left on a six-week “Psychic Pop-Up” trip around outback Queensland, promoting herself as a psychic who receives messages into her brain from an entity she names, “Spirit” and she also runs clothing stalls in pop-up shops. She told hospital and nursing home staff that I had been uninvolved in Dad’s care. In reality, she had deliberately withheld the contact details of key medical and nursing staff from me, for years, even after I had requested this information directly. Despite this, while living in New York I maintained regular contact with my father and his nursing home using the only access Barb gave to me, being general contact information online. The nursing home like every other institution, only learned I was an EPOA this year, after which I was finally permitted phone and video calls with Dad. These calls were a profound source of connection but also a painful reminder of what I had missed because Barb never facilitated contact.

When I returned in 2025, I visited Dad daily, helped him eat, and worked constructively with staff. By contrast, Barb denigrated me to doctors and nurses, exaggerated her involvement, and introduced unverified diagnoses such as “end-stage dementia” and even allowed a false cancer diagnosis to stand, which directly influenced the decision to place him on Comfort Care.

Her obstruction of my role as EPOA and repeated provision of false or misleading information raise serious concerns about her motives. She has failed to provide receipts or financial transparency for several hundred thousand dollars missing from my father’s accounts, despite his lifelong frugality. Since 2016, when she and my sister became involved in his finances, his assets have dropped from about $900,000 to around $500,000. She withheld the 2019 EPOA paperwork until 2025, failed to notify every institution of my legal EPOA status, and even threatened to call the police when I offered to bring the original documents to Australia rather than send copies (see file: 3. Extreme and Unusual Emails about EPOA Document).

Barb was included as co-EPOA only because I had a long and close relationship with her, she lived locally, could assist with practical matters, and had prior experience with EPOAs. Dad and I trusted her to support me in this role, but she betrayed that trust by withholding documents, misusing her position, and later using my lack of access to the paperwork as a basis to imply fraud.

Although Barb repeatedly acknowledged to me personally that Dad wanted me, his daughter and closest next of kin, to make medical decisions, she told hospital and nursing home staff the opposite. She presented herself to them as his closest contact while portraying me as combative, out of touch, and irrational. This created confusion for the treating team and directly undermined both my role and my father’s clearly expressed wishes (see file: “4. Emails Barb States She Will Not comment on Dad’s Treatment”).

At the very time it was said he was dying, Barb spent her efforts speaking with medical staff rather than sitting by his bedside. She spread false stories, for example, that she took him out weekly, that she grew up alongside him, and that he was “like her big brother.” My father himself contradicted these claims, saying he was rarely visited by Barb, was “not close to Barb,” and wanted me to be responsible for his medical decisions (see file: 5. Decision Making, PA Hospital Medical Notes May 2025).

Barb admitted that her decision to withhold life-saving care was based on her personal belief that my father’s life was no longer worth living. Instead of engaging with him, she concentrated on influencing his treating team, undermining my EPOA status, and shaping the views of staff and extended family. Under her directive, early-June videos show my father visibly depressed, emaciated, and without energy, hungry, thirsty, sedated, and distressed by “Comfort Care” mouth swabs. He no longer had the strength to speak or move.

While Barb was away on a pop-up shop trip, she did not witness his genuine needs or hear his concerns. To me, he said he felt neglected, unheard, and frightened of certain staff. He also explained that the medication left him too tired to eat or drink, and she never saw the depth of his depression (see file: 6. Video Barry Ryan before my EPOA is acknowledged, June 4 2025).

During this same time, I devoted myself to understanding what had actually happened by speaking with nursing home staff. I learned that in the weeks before his acute illness in April 2025, Dad had been his usual self, at times walking the corridors, holding the handrail while staff followed to ensure his safety. He had long believed that exercise was essential to slowing the progression of Parkinson’s disease, and this guided his daily routine even when it put him at risk of falls. He always had hope, and this made him happy.

When my Enduring Power of Attorney was finally recognised by hospital staff, I was able to advocate effectively for my father. I requested a reduction in his sedating Parkinson’s medication, which made a profound difference. On video, my father confirmed that the adjustment “absolutely” helped and asked me to keep helping him (see file: “7. Barry Ryan June 11, 2025”).

After Dad was discharged to the nursing home, I spent significant time with him, helping him to eat and supporting his recovery. Barb had claimed to have spent thousands on clothing for him, yet when I arrived, he had almost no suitable clothes. I was forced to purchase a full winter wardrobe, shoes, slippers, and most of his summer clothes, as his wardrobe otherwise contained items 20-30 years old (see file: “8. Photos of Dad’s clothes at the nursing home.pdf”). 

There was no evidence of the clothing Barb claimed to have purchased for my father. When questioned, she suggested that all of the items had been lost by either the nursing home or my father himself, an explanation that does not align with the extent of what she claimed to have provided.

At first, Dad was noticeably happier and in better spirits (see file: “9. Barry Ryan at Nursing Home June 23, 2025”). 

However, staff mistakenly believed he was constipated and gave him extreme doses of laxatives along with repeated enemas for weeks, far more than would ever be given to a patient preparing for a colonoscopy. In reality, Dad told me he was passing watery stools, and I repeatedly advocated for the bowel medications to be reduced. Abdominal X-rays later confirmed he was never constipated (see file: “10. May 27th, 2025 Barry Ryan Medical Notes, Abdominal X-Ray NO Constipation”).

This unnecessary overmedication caused severe pain, interfered with his ability to eat, and left him physically weakened. During this time, he also suffered repeated episodes of unconsciousness and critically low potassium levels (hypokalaemia), requiring multiple hospital re-admissions and causing further avoidable decline.

Once it was confirmed that Dad was not constipated and since he had become so weakened by weeks on sedations, dehydration, malnutrition and over use of bowel medicine, I advocated in early July 2025 at the Princess Alexandra Hospital for nasogastric re-feeding. By then dad had lost more than 20 kg since April. With this nutritional support, he steadily improved. By late July, he had regained visible weight, spoke more clearly, smiled more often, showed stronger fine motor skills, and demonstrated genuine signs of recovery.

These improvements revealed that his decline had been caused not by “end-stage disease,” but by malnutrition, dehydration, and over-sedation. With careful support, he was capable of meaningful recovery. All he needed was for someone to listen, to slow down, and to recognise him as a person with rights and wishes of his own.

On 17 July 2025, he fed himself for the first time since his acute illness in April (see file: 11. Barry Ryan July 17, 2025). 

He was much happier. On 23 July, a neurologist at the PA Hospital confirmed to me in person that Dad was not dying and was in fact a candidate for a PEG tube (see file: 12. Before and After my EPOA was Recognized 2025).

My ability to support my father was cut short when my EPOA was paused in late July, following Barb’s QCAT application alleging that I spent too much time with dad and was blocking family access. I have emails showing my efforts to accommodate and encourage family visits, yet I have no record of Barb, or anyone else, ever asking me to assist in accommodating their visits. In reality, my father rarely had visitors, even when I was not with him. (See File: “13. Emails, Facebook and Messenger Texts.pdf”)

Click to See File 13 here

When my EPOA was paused in July, dad’s geriatrician at the Princess Alexandra Hospital also abruptly increased his Parkinson’s medication by 250% without my knowledge. Dad became so sedated after this he could not stay awake to eat or drink. When he accidentally pulled out his nasogastric tube, the medical team refused to replace it even though he has always accepted the tube when it is explained as “putting food into his stomach for extra strength.” Video evidence from earlier in July, 2025, shows him sitting comfortably with the tube in place, only complaining about the pain caused by excessive bowel medications, not the tube itself. (see file: “14. Barry Ryan July 20, 2025 Complaining of Soreness from Bowel Medicine”).

My father’s health declined sharply after my EPOA was paused.

I have always acknowledged that my father has irreversible Parkinson’s disease, significant speech impairment (dysarthria), and cognitive decline. However, prior to his acute admission in April 2025, he had no clinical diagnosis of “end-stage” or “advanced” dementia, nor of “end-stage” Parkinson’s. After his admission, doctors confirmed he was too unwell for such diagnoses to be formally assessed or confirmed (see file: “15. 8th July 2025 Neurology Consult, No Cognitive Testing Possible”). 

As a registered nurse with 20 years of experience in Queensland Health, I have cared for many patients with these conditions, and my father did not show the signs of end-stage disease. On the contrary, in July 2025, after medication adjustments and nasogastric feeding, I personally witnessed improvements in his cognition, fine motor movement, and engagement, clear evidence that contradicts claims of terminal decline.

Despite this, the Public Guardian’s current decision to withdraw life-saving nasogastric feeding rests on Barb’s assertion, later adopted by the treating team, that my father has “advanced dementia” and “end-stage” Parkinson’s.

Public Guardian

I do not consider the Public Guardian an appropriate appointee in my father’s case. Significant bias exists in his medical notes and among treating staff, much of it originating from misleading information provided by Barb. That bias has carried through to the Public Guardian’s office, resulting in my father’s true wishes being disregarded and threatening his life.

No formal clinical assessment prior to April 2025 established that my father had “end-stage” dementia, and assessments after April 2025 could not be completed due to his ill health. Despite this, staff and the Public Guardian accepted unverified assumptions. In reality, there is ample video evidence showing that my father recognizes people, makes simple choices, and consistently expresses that he does not want to be left thirsty, hungry, or sedated to die. The label of “end-stage dementia” has been used as the sole basis to deny him medical treatment (see file: “16. Public Guardian Email ‘Advanced’ Dementia as reason for no treatment”).

Many diagnoses recorded in his notes were either exaggerated or incorrect: Parkinson’s duration extended from 20 to 25 years, strokes, multiple bacterial infections, pneumonia, “end-stage dementia,” “end-stage Parkinson’s,” and even cancer. In fact, scans showed no strokes, X-rays showed no pneumonia, pathology revealed no bacterial infections, and no confirmed cancer diagnosis existed. These inaccuracies were often introduced through collateral from Barb or recorded as confirmed when they were only possibilities.

I have demonstrated consistent involvement, advocacy, and improvements in his health and wellbeing. If further oversight is considered necessary, I would accept transparent reporting requirements, but replacing me with the Public Guardian would not serve his best interests.

QCAT General Principles in Practice:

• Presumption of capacity: My father retains capacity in some areas. I support him in exercising it by explaining treatments simply, e.g. “This tube puts food in your stomach for extra strength.”

• Equal human rights: I have consistently advocated for his dignity, self-worth, and right to appropriate medical care.

• Supportive relationships: I have maintained a close relationship with him despite distance and encouraged visits from family and friends.

• Participation and inclusion: My care plan emphasizes social, physical, and emotional engagement.

Disparaging Statements and Bias:
Barb and Michelle portrayed me to staff as “uninvolved,” “out of touch,” and “unbalanced,” while exaggerating their own involvement. They introduced or allowed unverified diagnoses and pressed for withdrawal of life saving measures in favour of Comfort Care. Hospital notes falsely described Michelle as his “support,” despite her estrangement from him and history of conflict. Records also incorrectly state from Michelle that I authorized nasogastric feeding at the Mater Hospital when no such feeding occurred there. A nasogastric tube was inserted for medicine only. These misrepresentations biased staff against me and undermined my ability to advocate effectively (see file: “17. Extensive medical records ‘Medical Bias in Medical Notes’”).

Click here to see File 17. Extensive Medical Record 'Medical Bias in Medical Notes'

Evidence of Improvement from my input:

• June 2025: Reduction of sedating Parkinson’s medication → greater alertness and communication.

• Early July 2025: Moderation of excessive bowel medication (AXR confirmed no constipation) → improved strength.

• July 2025: Three weeks of nasogastric re-feeding → marked improvements in motor function, awareness, and speech. Neurology reports confirmed he was not dying and remained a candidate for PEG feeding.

These improvements demonstrate that his decline was due to malnutrition, dehydration, and overmedication, not “end-stage” dementia or Parkinson’s.

My Proposed Care Plan:

My father’s wishes matter. His dignity matters. And his voice must not be silenced by biased assumptions or the subjective views of others. He chose me as his EPOA because of our close and ongoing relationship. My sister, who was estranged for much of her adult life, declined the role. Barb is not close to dad, and dad does not see her as a close relative who he feels any love for at all. Her role was meant only to provide local support, not to replace me in critical life-or-death decisions.

For dad, true “comfort” means gentle physical therapy, companionship, television, nourishment that respects his preferences (such as avoiding sweetened drinks), practical physical support, and staff who recognize that he can hear and understand and that, while it can be difficult for him to speak, he would like to make decisions and be well informed wherever possible.

If my father feels neglected, uncomfortable, suspicious or confused about treatments, his concerns must be acknowledged and addressed. He can understand medical concepts when explained simply, for example: “This tube helps put food in your stomach to help you regain strength.”

Dad has never believed that quality of life is defined only by youth or physical sharpness. For him, quality of life has always meant connection, perseverance, companionship, movement, mental stimulation, and being surrounded by others who are engaged and happy. He deserves to be heard, supported, and included in decisions about his care. His favorite poem, If by Rudyard Kipling, echoes this lifelong belief in resilience and hope (see file: “18. Barry Ryan Favorite Poem”).

Detailed Daily Care Plan to Ensure Dignity, Safety, and Wellbeing

• Daily oversight: In-person when in Australia; phone/video and prompt return for emergencies when overseas.

• Nutrition and hydration: Ensure adequate meals, fluids, and feeding support, with active monitoring to prevent dehydration or malnutrition. Respect his food preferences and provide artificial nutrition when required, with clear explanations and reassurance so that he understands and accepts the support.

• Medication oversight: Regular reviews with doctors to avoid unnecessary sedation; full transparency about prescribing and PRN use. Avoid unnecessary or prophylactic medications.

• Therapy and comfort: Gentle daily physiotherapy, skin care, positioning, and pressure care.

• Social engagement: Daily wheelchair outings as tolerated, activities, favourite tv programs and companionship (e.g., Mabel’s Carers).

• Family inclusion: Encourage positive visits, transparent updates, and opportunities for private time with loved ones.

Conclusion:
My father appointed me as his EPOA because of his trust in me and our close relationship. I am not seeking extraordinary measures, only that his wishes are respected and that his care is consistent with his 2019 Statement of Choices. My advocacy has already produced measurable improvements in his health and quality of life.

I respectfully request that QCAT reinstate me as my father’s Enduring Power of Attorney. This ensures his rights, dignity, and best interests are upheld, in line with the Guardianship and Administration Act 2000 (Qld) and QCAT’s General Principles.

Prepared by Petrina Mae Ryan: This submission represents my personal account and interpretation of events based on the records, correspondence, and evidence currently available to me. It is provided in good faith and remains subject to review, correction, and verification should additional information become available. Any individuals or institutions referenced are invited to respond or provide clarification to ensure accuracy and fairness. This material is shared for transparency and accountability purposes and should not be reproduced or widely distributed without appropriate legal or editorial review.