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Unjust Selling of Property

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First Letter

Hand Delivered

May 12, 2009

Mrs. Diana McQueen, MLA
#620 Legislature Annex,
Edmonton, AB

Dear Ms. McQueen:

RE: Sale of farm land – Emma Kadnar, Salem Manor, 4419 46 St. Leduc, AB.

We have learned that the farm of Emma Kadnar is to be sold. At a meeting, which you, the Honourable Minister of Seniors, Ms. M.Jablonski and others attended at the Warburg Seniors Center on April 1, 2009, Ms. Brenda Lee Doyle, Director, Office of Public Guardian, stated unequivocally, that farms and property of dependent seniors would not be liquidated unless there was a financial need to pay for the care of the senior. Mrs Kadnar’s land does not need to be sold.

Obviously this is another untruth that Ms. Doyle is promulgating throughout Alberta as she follows the Elder Advocates around in order to promote a somewhat less than accurate version of the Adult Guardianship and Trusteeship Act.

We would be grateful to be in receipt of your response in regard to this matter by the 26th of May, 2009.

Yours truly,

Elder Advocates of Alberta Society,

The Honourable Ms. M. Jablonski, Minister of Seniors and Community Supports
The Honourable Mr. Ken Kowalski, Speaker of the Legislature
Dr. Kevin Taft MLA
Mr. George Rogers, Leduc-Beaumont–Devon

Adult Guardianship and Trusteeship Act – 2008

Property that is the subject of a bequest
Section 67(1)  A trustee may apply to the Court for an order authorizing the trustee to sell property that is the subject of a specific gift in the will of the represented adult and directing the trustee to place the proceeds of the sale into an identifiable trust account, to be administered as the Court directs having regard to the present and future needs of the represented adult.

  1. If a trustee complies with an order under subsection (1), the specific gift of the property in the will of the represented adult does not fail under the doctrine of ademption.
  2. If a trustee has sold or otherwise disposed of property that was the subject of a specific gift in the will of the represented adult otherwise than in accordance with an order under subsection (1), the Court on the application of any affected person may make an order that it considers will best give effect to the represented adult’s testamentary intentions, having regard to the circumstances in which the property was sold.
  3. An application under subsection (3) may be made either before or after the death of the represented adult.

Wetaskiwin, AB Court Hearing, April 17, 2007

Upon Application by Public Trust Officer, Cindy Lang, Justice L.D. Wilkins of Calgary ruled that the name of Kerry Modin be removed from the title of a farm property owned by Mrs Emma Kadnar and Mr. Modin in joint tenancy.

Mrs Kadnar was not served any papers in regard to the Public Trustee’s Court Application of April 17, 2007.

Public Trust Officer, Ms. Lang was inaccurate when she informed the court that the title was in the client’s name soley.

Prior to his decease, it had been Mr. Kadnar’s name on the title. When he deceased, Mrs Kadnar on July 26, 2006, requested to be taken to a lawyer.  On the advice of a senior lawyer in Leduc, the property, a farm,  was transferred into Mrs Kadnar’s name and Mr. Modin’s name, as joint tenants on July 26, 2006.

At that time,  Mrs Kadnar had not  been declared a dependent adult. It is clear, that at the time of the land transfer, the lawyer in Leduc must have found Mrs Kadnar to be competent of decision making.

During the court hearing, the Public Trust Officer made allegations of impropriety against Mr. Modin, but to date, the Public Trustee has not pursued these allegations.

Second Letter

June 26, 2009

Mrs. Diana McQueen, MLA
#620 Legislature Annex,
Edmonton, AB

Dear Ms. McQueen:
 

RE: Sale of farm property – Emma Kadnar, Salem Manor, 4419 46 St. Leduc, AB

To date we have not received a response in regard to the attached letter.

As a matter of fact, we have been informed that the farm has been sold but have no definitive information. If it has been, it would be a travesty of justice.

Government has a duty to protect its’ citizens from predation.

We would be grateful to finally be in receipt of your response in regard to this matter by the 10th of July, 2009.

Yours truly,

Elder Advocates of Alberta Society,

c.c.
The Honourable Ms. M. Jablonski, Minister of Seniors and Community Supports
The Honourable Mr. Ken Kowalski, Speaker of the Legislature
Dr. Kevin Taft MLA
Mr. George Rogers, Leduc-Beaumont–Devon

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