AUTUMN 2016
Newsletter of the Association for Self Advocacy
Topic of the issue:
6
th
Conference of Croatian Self-Advocates
To whom belongs my property?
Issue 24
EDITORIAL Dear self-advocate, on December 2nd, 2016, we held a 6th annual Conference of Self-Advocates. The topic of the conference was To Whom Belongs My Property? Majority of self-advocates has problems with inheriting and managing their property. Read self-advocates’ stories and experiences with property in this issue of the newsletter.
TOPIC OF THE ISSUE: 6th CONFERENCE OF CROATIAN ELF-ADVOCATES
Editor Senada Halilčević Journalists Hrvoje Forner Snježana Kanjir Nera Bajzec Gordana Huzek Tomislav Ivašković Assistants Mladen Katanić Sanja Martinovsky Ivana Poslon Hrvoj Damjan Janjušević This newsletter was supported by a grant from the Open Society Foundations
This year’s conference topic was the property of persons deprived of legal capacity. Many persons cannot manage and decide about their property. We chose this topic in order to start a discussion about this big problem. We invited at the conference representatives of state institutions, family organisations and service providers. We wanted to hear different experiences and opinions on this topic. This is very important for us because the Family Act changes this year. Family Act is a law that has rules about the property of persons deprived of legal capacity. For the new Family Act to be good
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it is necessary to talk about this topic. Very often at the group meetings we hear from self-advocates that they are deprived of legal capacity and that they lived in institutions. Now they live in organised housing programmes or spend their entire lives living with parents. That is why we asked ourselves: Are there persons with intellectual disabilities who live in their own apartment? Do persons with intellectual disabilities have some valuable property like house or apartment? Do persons with intellectual disabilities have any kind of their own property? At our meetings we started to discuss about the right to property. In the beginning self-advocates said their property were only things they use every day: cell phone bicycle clothes footwear
Few of self-advocates knew that their property is also the money they receive like salary, pension or disability benefits. Some self-advocates did not know whether they have property or not. Voice of Self-Advocates
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Some of them did not even know what property means. Anyway, when they received more information about property, self-advocates gave many examples which showed that they have very valuable property. We asked self-advocates from other self-advocacy groups in Croatia to discuss about this topic. In continuation you can read what self-advocates said about their property. The speeches of self-advocates were shortened in order to make them fit for the newsletter. Everything that self-advocates talked about you can read about on our webpage. www.samozastupanje.hr At the conference we did a public premiere of the film Let My Property Really Be Mine. We made this film in order to inform as much people as possible about the self-advocates’ problem in managing their property. You can watch the film on the Youtube web page. Just write the name of the movie in the Youtube search box: let my property really be mine
SPEECHES OF SELF-ADVOCATES AT THE 6th CONFERENCE OF SELF-ADVOCATES Đurđica Nukić from Čakovec I worked in a public utility company in Prelog. I received salary every month. I had to pay in all my salary
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to the social care centre. I understand that I had to pay my residence in organised housing programme. Although I would have like that I could have kept at least half of my salary. How can I be independent if I do not have my own salary? If we work, we cannot manage our money. What is the reason for us to work then? Just to feel useful? I tried to live on my own out of the organised housing programme. I was paying monthly bills and buying food by myself. No one told me that it was going to be so difficult. I could not cover my basic daily costs. I returned to organised housing programme. I ask myself every day how persons in organised housing programmes can become independent. We are good workers and we try our best. It makes me angry that we cannot manage the money we earn. Let’s change existing laws! I am tired of waiting. Certainly nothing is going to change if we just wait!
Darko Baťić from Sisak Darko talked about bad experiences in the institution. He was receiving money from his sister and kept them in the pocket of his trousers. When he was asleep and not wearing his trousers the money was being stolen from him. Although he reported the stealing nothing changed. Now he lives in the organised housing programme. His money is not being stolen anymore. He has his allowance and manages it the way he wants.
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Romana Posavec from Zagreb Mom always said that I was ill and I think that is the reason why she left the house to my daughter instead of me. This made me feel awful and said. Despite this, my husband and I continued to live in the house. I am deprived of legal capacity. My daughter became my guardian, But husband and I make all decisions about the house. Nobody helps us in the house and we do not receive any support. I would recommend to parents to leave their property to their children.
Branka Reljan from Osijek The apartment in Knin was taken from me and got occupied and the apartment in the country is in bad condition. I decided to look for another apartment in Knin and return to live there. Social care centre in Osijek and my guardian in Knin support me my effort to return. My guardian told me that if I can live in the apartment in Osijek I can also live in the apartment in Knin. Now we are gathering documents and by the beginning of summer my dream to return to my home town could come true. I proved that I can take care of myself. I drink my medications. All these years I did not go to medical treatment and I hope that I will get my property back.
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Ankica Bosanac from GrubiĹĄno Polje I regularly receive an allowance and an award for helping my neighbour who cannot move through the city on his own. I inherited a land from my mother and father, but I left everything to my brother. I have my legal capacity. This means I can manage my property which is not big. I would like to save some of my allowance and award money, but I am afraid that the social care centre might take it away to pay for my accommodation. My property is not big, but I am happy because I can use it the way I want.
Petar Lujanac iz Pakraca Peter’s friend receives his father’s pension and uses it completely to pay for his accommodation in organised housing programme in Lipik. He pays in the rest of the pension to his own account. He has a guardian that keeps the amount of the money a secret from him. He has one house that he inherited from his grandfather. He was also the owner of one half of the house that he inherited from his father. He sold his half of the house to his aunt who was his former guardian. He did not receive any payment confirmation and he neither has the access to his account which has to remain a secret. He also owns some land for which he pays the taxes. The land is leased and is being cultivated by his guardian. He does not have the leasing contract. The lawyer says that the lease is being paid regularly.
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There is no proof of that so he continues to trust the lawyer. My friend is angry because his guardian directs him to the lawyer to solve his problems and the lawyer returns him back to the guardian. It also makes him angry because he has to ask for approval of his guardian for every little thing he wants to buy with his money. The guardian often rejects him without due explanation. The friend wants to change his guardian, but with no success. He hopes that the new law will better arrange the relationship of persons with their guardians and social care centres. That would improve the quality of his life and he could become independent sooner. Slavko KljeĹĄÄ?ik from Osijek After the death of my parents I inherited their house. The house has only 3 rooms. It has neither kitchen nor bathroom. My father died in a car accident and that is why we did not have the money to finish the house. I lived in very bad conditions because of this, in a mouldy basement and without water. My sister submitted a request for deprivation of legal capacity. She became my guardian. I was against this in the beginning. I did not want to be placed in an institution.
Since 2013 I live in an organised housing programme.
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I would like to return to my town and my house.
out support.
Damir Flanjak from Bjelovar Through discussions in a self-advocacy group I realized that as a matter of fact I do not have property. Before it seemed to me that I do not have any problems, but now I started to wonder am I really happy? I would like to have more money and manage it by myself. I would like to get out from the organised housing programme. I would like to work and earn salary. I want to decide where and with whom I will live and how will I spend my money. I would like to have a part-time job, but it worries me that the state would take my salary if I stay in organised housing programme. My experience is one of many similar ones in Croatia. I hope that somebody will hear what self-advocates have to say at this conference and that the state will do something to change things.
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Antonija Morić from Šibenik Antonija’s colleague self-advocate was born on island Krapanj near Šibenik. After her mother’s death self-advocate did not have access to her house anymore. She could not even freely go to get her personal things. During visits to Krapanj she felt like a stranger at her own birthplace. Her uncle had the keys of the house. He avoided the self-advocate. During that time self-advocate frequently called her uncle. She was persistent in wanting to know what happened to her money. After that her uncle started to send her some money just to make her calm. Self-advocate still does not have the keys to her house. The uncle uses one or of the house. The guardian managed to get th what self-advocate found about just recently. She will try to talk with the guardian to get the keys. She thinks that then she will be able to visit the house and call her friends to come to visit. Nedjeljko Medić from Zagreb I grew up on island Pag in Croatia. I have a house there. The guardian and social care centre manage my property. The keys to the house are at my guardian. When I visit Pag I sleep in a rented apartment. My birth house is slowly decaying.
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Vesna Gere from Slavonski Brod Vesna’s friend Vinko lives in organised housing programme. Vinko’s mother bought him an apartment in Slavonski Brod because she wanted him to live in a big city. That way Vinko could meet more people and have a better life. After mother’s death and father’s illness Vinko entered the organised housing programme and started to go to therapy because his health worsened. He has legal capacity and is the only owner of the apartment. He wants to live with friends and have a support in his apartment. Vinko has his own bank account. He uses the rent money from the apartment to pay the monthly costs in the organised housing programme. Vinko thinks that his mother made a good decision when she made possible for him to live in Slavonski Brod.
Damir Ozvačić from Karlovac Damir’s friend Dragec was born and he grew up in Zagreb. Dragec and his brother inherited from their parents a family house, surrounding land and some forest. Dragec is partially deprived of legal capacity. He willingly signed at the court to leave his property to his brother. Dragec’s brother promised him that he will protect him, take care of him and to pay him for his part of the property. Dragec beleived his brother and
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has never signed any contract with him. The brother never gave Dragec his money. Dragec is now 69 years old and he lives in the organised housing programme of the Centre for providing services in the community Ozalj. He does not have any relatives and has no property. He feels cheated, angry and sad. Today he regrets very much for believing his brother and leaving him his property. Dragec wanted to share his story in order to tell you that property matters. Think before you leave somebody your property.
Senada HalilÄ?ević from Zagreb Many self-advocates are owners of houses and apartments, but they do not live there. They live in organised housing programmes while their houses often decay. Some of them cannot even enter their r apartments because their guardians do not permit them. Self-advocates have inherited these houses and apartments. But many self-advocates did not inherit an apartment or a house from their parents. Parents often decide the heir to be the child without disability or they sign a contract which gives the house or apartment to somebody else. Some self-advocates renounced their inheritance their brothers and sisters. for t Life situations of self-advocates showed us that they have valuable property that they do not see as their own. Voice of Self-Advocates
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We do not live in our houses, we do not spend summer vacations in our apartments and we do not have an nancial bene t of them. Even though we have valuable property we are users of social services. Even though we have the money, we do not manage it. Even though we have, we do not.
Kristina Tekmetarović from Osijek Kristina’s friend Drago lived alone in a family house. Drago and his sister are owners of the house and the land. A neighbour reported Drago to the social care centre. After that he moved to the organised housing programme of the Centre for Inclusion in Osijek. Drago uses his family pension money to pay part of his accommodation costs. Right away the land entry was made on his house and land. The key was taken away from Drago and he could not enter the house anymore without the approval if his neighbour. Drago wants to live in his house, have his own key and renovate his garden. When he tells his neighbour what he wants, the neighbour always reacts in an ugly and disturbing way. Drago would like to go in the house of his childhood, the house of his parents. He wonders why the neighbour does not let him to visit his house.
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Goran Šeliga from Grubišno Polje Since I was 18 years old I get 1250 kuna of disability ben Father bought a car and was payin with my disability ben t for 5 years. He did not allowed me to be the owner of that car. After that I agreed that monthly home expenses be paid with my disability ben t. After my mother left the father drank a lot. He would often beat me and kick me out of the apartment. After I ended up in a hospital, my social worker said that I cannot go back home. I entered inclusion programme in Grubišno Polje. I had only my things from the hospital. My father does not believe me that I go to the groceries by myself, that I choose things and pay them by myself. He says that I do not understand money.
Zoran Đošanović from Belišće When we started at our self-advocacy group meetings to talk about the topic of property and prepare for the conference we ran into problems. Some parents of self-advocates were against this topic. They consider that their children, though grown up, do not need to know anything a out property because b they are not capable to decide about themselves. Some parents were disturbed because their children come home with questions about property. That is why they banned them from coming to self-advocacy group meetings. We heard that, because of poverty, parents of self-advocates who receive social bene s often use those bene for covering
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costs of daily needs of an entire family. We heard at self-advocacy group meetings stories about social workers who cheated persons with disabilities in order to get their property. We want the law to protect the basic human rights of persons with disabilities.
Dubravko Jajetić and Željko Lončarić from Koprivnica talked about property together I learned a lot about managing my property at self-advocacy group meetings. My parents are glad that I learned new things regarding managing my property. But some guardians do not like that we talk about property. They say that we get too much information and that we should not know this much. But we have the right to know what happens with our property. That is why we have to ask, request and self-advocate ourselves.
Ivan Rakušić from Ploče I am deprived of legal capacity. My mother is my guardian. She did not talk a lot with me about property and inheritance. Anyway, I found out that I am the only heir to the apartment which was left to me by will. On a day of probate proceeding I listened carefully to the notary. I was shocked to hear that the will was revoked. According to the new situation I will only inherit half of the apartment and the other half will inherit my sister. Voice of Self-Advocates
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My mother signed the record from the proceeding instead of me. Everyone is satisfied but me. I feel like I lost everything in one moment. I wonder to whom belongs my property? How long will there be silence about everything that happens to the persons deprived of legal capacity.
Leo BojÄ?ić from Split I am deprived of legal and work capacity. I receive disability benefits and help from the City of Split. Once I spent the whole disability benefit on silly things what made my mom very angry. I immediately realised that I made a mistake. Since that happened, she manages my disability benefits money. I feel as if I were a little child. I have no freedom that others have. I love and respect my mother, but I think I would be better if I lived alone or with some friend. Though I am not very good in counting, I know that with the support from the assistant everything would be fine. People learn from mistakes. I am grown up, responsible and would know how to manage my property. After all, it is the right of every man.
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If you need protection of your rights, You can contact your national Ombudsman Office or disability organisations in your country. They can help you by giving you advice and support in protecting your rights. Contacts of your national Ombudsman Office or disability organisations can be found on the Internet. You can also ask the person whom you trust to help you report any violation of your rights.
CONTACT US
Bleiweisova 15, 10 000 Zagreb Telephone: 01 553 05 82, Fax: 01 553 05 56 E-mail: kontakt@samozastupanje.hr Visit our web site: www.samozastupanje.hr or visit us on Facebook