My cousin and the Power of Attorney Act

There it is:

19(3)  An attorney must do all of the following:

 

( a)  to the extent reasonable, give priority when managing the adult's financial affairs to meeting the personal care and health care needs of the adult;

( b)  unless the enduring power of attorney states otherwise, invest the adult's property only in accordance with the Trustee Act;

( c)  to the extent reasonable, foster the independence of the adult and encourage the adult's involvement in any decision-making that affects the adult;

( d)  not dispose of property that the attorney knows is subject to a specific testamentary gift in the adult's will, except if the disposition is necessary to comply with the attorney's duties;

( e)  to the extent reasonable, keep the adult's personal effects at the disposal of the adult.

My cousin managed to break four of these terms.  I do not know about (b).

For those that have not read my posts about my cousin who put my aunt in a nursing home/assisted living home on numerous occasions from 2014 to 2016 (see (d)) in an attempt to sell her home from out from under her so that upon her death her home no longer existed.  Her designated beneficiary was her church.  He did not consult with her.  He also did not consult with her honestly when he arranged to dispose of my aunt's car which was in excellent condition although it was 50 years old.  It was not a pile of junk which is what he told my aunt. 

I blame the lawyer, Debra Burden, who drew the power of attorney who did not impress on my cousin what his duties were.  She should have had him sign off on the above clause.

The most important part of this is (c) he cannot do anything unless my aunt is aware of whatever he is doing.  She was and is competent.  He cannot go behind her back.  How dare he.

I would like to know why the Public Guardian and Trustee did not rescind Allan Barton's power of attorney. 

Elder Abuse and the RCMP

This past week I went to Vernon to visit my aunt who was in the hospital.  She phoned me and I decided to go and see her as she was there for ten days and no one called me.  I am her closest living relative.

To make a long story short I discovered my cousin was arranging to send her to a nursing facility with the complicity of Interior Health Authority.  My aunt is 100.5 years old and is reasonably mobile and reasonably competent but is subject to undue influence. In this case it was worse, she was given incomplete information as to her options for health care. No informed consent.

She told me that she did not want to go to the nursing home but she had to.

I asked the social worker why was that and was told that she might pee on her bedding in the middle of the night. And my cousin does not want to supervise her any more but he does not want to forfeit his power of attorney. For the past sixteen years my aunt has had paid help in her home. I told Interior Health to send her home and not to a nursing home. My aunt is capable enough: she does not need a power of attorney.

Later that day (Monday), my cousin, Allan Barton of Chilliwack, told me that if I returned to Vernon that I would have nowhere to stay as he was selling Helen's home.

It took me a few hours to process that information. Just before I left Vernon to return to Vancouver I  asked my aunt did she know Allan was selling her home.  She said no.  She said Allan cannot sell her home as she was on title. And she did not want her home sold until she died.

The point is I told the RCMP in Vernon that my aunt was being elder abused and it did nothing but give me stupid advice which was go see a lawyer. Why.

Elder abuse is a criminal offence (being the umbrella for other offences).  It is up to the police to investigate complaints and seek out the appropriate evidence and charge offenders accordingly.  This is done in Los Angeles within hours of a complaint the intent to stop the abuse from escalating.  So why is it not done here. It is all the fault of the mayor as he won't authorize a budget to pay for an elder abuse investigator.  The RCMP is too busy dealing with more serious issues, like giving traffic tickets.

And the City of Vernon is afraid that it might get sued as my cousin might sue them for harassment.  This is bizarre but as I sent an email to every member of council.  What blatant stupidity from elected officials. They should be looking after voters not just spent voters' money. Do you think my cousin the criminal is going to sue council. The much at City Hall are idiots. How did they even get elected.

When I phoned my cousin Friday evening, he told me it was none of my business where Helen was.  If I do not know where she is and the police will not help I am effectively banned so I would not be able to see her or know what is happening to her.  I suspect even her doctor will not tell me as it is confidential information. I left word a week ago with the doctor and today his receptionist would not even let me leave a message.

If anyone knows of elder abuse, the best way to deal with it is to speak out.  So I spoke out and those that should have done something did nothing. When I spoke to the RCMP it threatened to charget me for mischief.  He too did not want to listen to me.  This is why we have elder abuse and it is getting worse as more people learn that nothing is going to happen to them..  No one is going to spend their own dime to pay for a lawyer to try to eliminate a known abuse. Those that are suppose to protect do not and the abusers know it.  Even amateur abusers get into the act. It is so easy.

Theft by person holding power of attorney Section 331 and 336 Criminal Code of Canada

331 Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney.

The RCMP in Vernon/Kelowna and also the Vancouver Police Department said that theft by a person holding a power of attorney is not a criminal offence as did Interior Health which should have investigated any allegations of abuse of a patient. They are all wrong. 

I hope the Vernon RCMP arrest my cousin, put him in jail with a cold floor and a pbj sandwich and then a week later ask him questions. Then, they can release him.   This is not the USA, my cousin does not have any civil rights. They might even want to arrest Chriz Mazurkewich, the CEO of Interior Health, who knew of this as well.  The two of them as they were/are partners in crime might want to become best friends in jail. I am sure there must be a charge of conspiracy to commit theft of elders if the house has not been sold yet which they can be jointly charged. I am with humour seeing a judge coming down on these two with all the power of the state saying "don't do it again."