Comments on: Elder Abuse in Ontario

By: Charles Wagner

Charles Wagner — Mon, 31 Jan 2011 16:37:16 +0000

Amy you already have a lawyer so he or she is likely the best type of person to address your questions to. Some questions you may want to ask include: Did your parents have the capacity to enter into a contract? Even if they had capacity, was there fraud to induce your parents to sign? Did they have independent legal advice? Were they so vulnerable that a court may set aside the contract for a material mispresentation? These are questions the lawyer will address for you and factor them in when advising you whether the contract can be set aside. Good luck.

By: Amy

Amy — Thu, 16 Dec 2010 18:50:23 +0000

This is a different type of financial elder abuse. A person talked my parents into business dealing that have turned out only beneficial to him. Both my parents are deceased and now because of his methods we are in law suits with him trying to sue their estates when we have judgment against him. Do any elder abuse lawyers or laws have to do with business elder abuse? we are interested to know if there is any case laws dealing with this type of abuse.
Thanks

By: Suzan Lozon

Suzan Lozon — Tue, 23 Nov 2010 12:50:10 +0000

Hi there, my sister was power of attorney for our step dad. since 2005 and up until june did not take care of him and neglected him very badly.. no groceries that were not expired over 2 yrs in the house he burnt himself repeatedly with cigarettes( I have video to prove all of this) and drove a car 40 kms with 4 flat tires and had to be brought home by the police… She was warned by other family memebers(8 of us) that he was sick the summer of 2009 and she did nothin to help him . he passed away nov 1rst 2010 and now we find out that he gave her 70,000 dollars to cover a mortgage that he held for her since 2006… He was an alchoholic and had been since the 60′s and she also is an alchoholic since 1995… i mean drink EVERYDAY… and if you gave my step dad whiskey he would do anything you wanted and she knew this…. anyway my question is that can she being power of attorney here in ontario except that gift… especially if he wasnt capable of making such a decision on his own. She also went with him in April to change his will which was changed in Dec 2009 by her and my oldest brother naming them executers… then in April she got mad at my brother for trying to take some money out of my dad’s account and changed it AGAIN !!! I tried contacting police they say its a family matter I need some help with this any advice would be appreciated… She also forged his name to cancel the insurance because he could no longer drive having 10 brain tumors found in may 2010 so as not to upset him.. but…. I think forgery is still against the law in this country. I have talked to the insurance company involed and they said if I get my lawyer to send them a letter to release this document that I could receive a copy to compare signatures even though she told me herself that she did this…. please any help would be nice…

By: Charles Wagner

Charles Wagner — Fri, 12 Nov 2010 15:56:07 +0000

Dear Anita,
As I have responded to many of this blog’s readers, this forum is not meant for legal advice specific to your particular case. Given the scant facts you provide and solicitor client privilege issues, giving you legal advice on line like this is a bad idea. The blog should be used to give readers an educated overview of some issues and provide them with enough information to ask good questions and if they have a problem some direction where they may access help. For example, in the blog I provided you with numbers for organizations who may be able to assist you. Given that I do a lot of work in this area I can help out this way. If you come to the conclusion that you want to hire a lawyer you should do your research about which lawyer has expertise in this area, what the law firm charges and see who best fits your needs. There are a lot of really excellent lawyers in the Toronto area who can help you. Even the best lawyer in Toronto may not be a fit for you. I speak to people all the time about things like this. I accept some of their files and refer others out. The most important thing is for the lawyer you choose to know this area of the law and for him/her to inspire confidence in you and make you feel comfortable in using him/her. Good luck and let me know how it works out. Remember, you can always call the Lawyer Referral Service at the Law Society of Upper Canada.

By: Anita Oliveira

Anita Oliveira — Wed, 10 Nov 2010 15:51:46 +0000

My 94 year old mother is I believe, being coersed and pressured by my sister her caregiver to give her money. She told me she gives over $700.00 amonth to my sister, and Mum only gets $1,100 a month income. Mum has called me asking me to buy her a tv (hers broke) and a cane for walking with. She said she’d have to “squeeze” the money out of my sister and it willmake her “mad”. The bank called me a bout a year ago and they said they were suspicious becvause my mom kept losing her bank card and they saw my sister rerpeatedly using it instead…any suggestions? Mum refuses a POA…I tried.

By: Donald Newell

Donald Newell — Tue, 12 Oct 2010 16:30:48 +0000

To respond. I have a lawyer and I am contesting the matter in Court. Unfortunately, opposing counsel has friends at the PGT who she solicited to support my brother’s fraudulent accounts.

Update, my brother has been forced to provide bank statements, invoices and receipts. He doesn’ty have many invoices and receipts however what he does shows he committed furher fraud and invented expenses. He refuses to account for all of my mother’s property and his detailed records are missing his first 7 months of transactions. He now claims he was NOT acting as POA when his records show he was. His unscrupulous lawyer has repeatedly made statements in court that his accounts are accurate and correct using the PGT’s endorsment as proof.

My brother has paid all his litigation fees from my mother’s estate and hide other legal fees for litigation under expenses to other lawyers.

I am also facing bias from judges in favour of lawyers who work in region.

By: Charles Wagner

Charles Wagner — Wed, 22 Sep 2010 18:30:55 +0000

Roger it seems from your question that we are dealing with a hypothetical otherwise you would know the answer because the issue of costs would be set out in the order. That being said when it comes to how a court decides about costs each case is different and turns on the facts specific to that case. As a general rule if the court approves of the accounts the power of attorney is not expected to personally subsidize the process and pay the legal fees for obtaining approval. If the power of attorney acted very improperly it may be a different story.

By: Roger Fraser

Roger Fraser — Tue, 21 Sep 2010 13:26:02 +0000

What happens if a child of an elderly person suspects elder abuse by the POA and asks for a “passing of account”, and subsequently the “passing of accounts” deems that the POA has acted correctly. Is the child then responsible to pay all legal fees incurred by the POA?

By: Charles Wagner

Charles Wagner — Mon, 16 Aug 2010 04:04:39 +0000

Donald it is important to see a competent lawyer for you to get help. The Public Guardian and Trustee may have a different view than you regarding how the POA managed your late mother’s finances. If you want to pursue the matter do not look to a blog for answers – call a lawyer.

By: Charles B. Wagner

Charles B. Wagner — Tue, 13 Apr 2010 21:57:40 +0000

I will not comment on the specifics of your case. But as a general rule a party who has evidence of fraud may be able to appy for directions to the court or to have the POA pass his accounts under sections 39 and 42 of the Substitute Decisions Act if you are a dependant of the incapable person or attorney under a power of attorney for personal care. If you are not any of the above any other person may apply for leave of the court to apply for directions. Speak to your lawyer about your options. As well, regarding what has to be done for an accounting by a power of attorney see ONTARIO REGULATION 100/96 which can be found on line at http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_960100_e.htm