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. 

Made a Mistake

I made a mistake.  My aunt was not put in a nursing home as I understood it, she was coerced into an assisted living facility.  That even makes it worse.  Assisted living means that there is nothing to prevent her from living in her home with a little help which she can afford to pay if it was not for my cousin who is forcing my aunt to abandon her home.  In 2014 it was so she did not have to cook.  And this time (2016)  so she could make new friends.  Tell me how ridiculous is that.  My aunt likes to prepare and eat her own food as she is a clean nut when it comes to food, and making new friends at her age ... really, she is over 100 years old. She has her church family. My aunt is being abused.  The barrier for her to tell the truth is shame in not wanting to admit that she has been manipulated and used by my cousin, Allan Barton.

I got an email from Allan's lawyer saying that I am upsetting my aunt. And I am not allowed to contact Ms. Burden ever again.  How can I possibly be upsetting my aunt when I have not talked to her since July 4 2016, the day when Allan told me that her house was being sold and when I told my aunt she said that he cannot do that. She is in Vernon and I am in Vancouver and I have not spoken to her since.  It is impossible for me to go to Vernon or even phone her.  My aunt is not upset over me, the only people that are upsetting her are the ones who are coercing her to do what she really does not want.  When this happens it is abuse.

I remember one time I recycled an envelope and sent her a card.  She phoned me and said that I was not to do that again.  What would people think about her getting such an envelope from her niece. I had crossed out a name and put her name and address on the envelope with a new stamp.  It shamed her to get such an envelope. Her values are not current, they are from eighty years ago.

One thing I do not understand why is it that she has money and yet she is being subsidized by the government when she does not even need nursing care.  Every time I think about this situation more questions need to be answered.  I was told that Allan is not accountable to anyone except my aunt who he is abusing.

And after her death, he is not accountable to anyone except himself as he is the executor of her Will.  Confidentiality only breeds corruption.  He does not have to disclose anything. How can anyone enforce the terms of a will if no one can see it.   He does not even have to tell anyone that she died. 

When I asked Allan on July 9, 2016 where Helen was he would not tell me. He said it was none of my business.