License to steal

Our family became aware that our Mama was becoming frail. Sister Jamie assumed Power of Attorney and Personal Directive. Because Jamie’s husband was an accountant, this seemed like a good fit.
There was a large estate of several million dollars, we were pleased that family affairs would be properly looked after.

 
FINANCIAL ABUSE OF THE ESTATE BY FAMILY MEMBER WHO HAD POWER OF ATTOURNEY
 

However after sometime, the family became aware that Jamie was driving a new Chrysler car, had gone to Mexico for a holiday, with her husband and she had quit her job. They appeared to be living the high life.
We asked her for an accounting as to the estate, but Jamie refused.

When we went to visit Mama she would say that she had no money to buy some little things for the grandchildren. We felt helpless to intervene. After some time Jamie and her husband began isolating Mama and did not allow us to visit her.
There was nothing we could do about it. Furthermore it was difficult to believe that this was all happening.

Because of concerns of how the estate was being spent, one of my siblings, my brother made Application to the court for an accounting according to

Section 10 of the Powers of Attorney Act –

10(1) An application may be made to the Court for an order directing an attorney to bring in and pass accounts in respect of any or all transactions entered into in pursuance of the enduring power of attorney.

The Honorable Justice did not grant him the Application but reprimanded him for not going to see Mama. It was obvious that the Honorable Justice has not read the sworn affidavit. Then to add insult to injury, she ordered brother to pay $90,000 dollars in court costs.

For five more years, this continued on, we the siblings were denied to visit Mama.

The legislation of the Personal Directive was used by Jamie to deny us access to our mother

and the legislation of the Powers of Attorney Act was used to deny us information concerning the estate and as we later learned, commit theft with impunity.

We became aware that Jamie’s husband was also not employed.

Shortly before Christmas Mama passed away. It was a very sad time for all of us.

 
ESTATE STOLEN BY SISTER WHO HAD POWER OF ATTORNEY
 

In my mother’s Will, I had been appointed executor of the estate. It was not till well after Christmas that I obtained the documents concerning the estate, bank accounts etc. In total disbelief, I found that the estate had been totally drained, Bank accounts were totally empty. Nothing was left of the massive estate.

Our family is torn apart. Some family members say it is only money and we should not bring charges against our sister Jamie.

 
POLICE REFUSED TO ADDRESS THEFT
 

However, I , as the Executor of the Estate have taken documents to the police In order to have charges laid. The police responded that it is a civil matter and they will not be involved even though this involves massive theft.

I have recently learned that in a similar matter, a lady from Montréal in a matter of estate financial abuse which happened here in Alberta, is having success in laying charges with the police.

It is an ongoing story.

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License to steal Powers of Attorney Act
 
REGISTERED MAIL
 
January 3, 2007
 
The Honourable Mr. Ron Stevens, QC,
Minister of Justice and Attorney General
# A210, 1600- 90 Avenue SW
Calgary, AB. T2V 5A8
 
 
Dear Mr. Minister:.
 
JAMES Keith BAIN deceased at Capital Care, St. Josephs Auxiliary Hospital, 10707 -29 Avenue NW, Edmonton, AB., November 22, 2000.
 
Upon inquiry, your Department informed us that on December 8th, 2006, our November 17thh, 2006 complaint concerning Mr. Bain has been sent to the Ministry of Seniors.
 
We strongly allege that Mr. Bain was deliberately starved and deprived of life. We perceive this matter to be criminal and should be dealt with under the Criminal Code.
 
When a person who is not elderly or vulnerable, has been physically or sexually assaulted, the assault is classified as a “crime”. The police are called, the crown prosecutor prosecutes, and the perpetrator is sent to prison or given other punishment. However, when a frail, dependent, elderly person is physically or sexually assaulted, we classify the assault as “elder abuse”. Instead of a police investigation, the care provider organization itself, a social service organization, a licensing agency, or some other administrative body may or may not investigate the report. The result is often an administrated remedy such as a fine, or the firing of the alleged perpetrator or nothing. For example in the Jenny Nelson matter, there were no remedies whatsoever. No one was held accountable. One of the participants was given a significant promotion.
 

 
January 3, 2007
 
The Honourable Mr. Ron Stevens, QC,
Minister of Justice and Attorney General
Page 2
 
 
 
In Alberta and across the country there appears to be no intent to afford vulnerable crime victims, justice. Alberta legislation, some of which has been enacted for over thirty years, such as the Health Facilities Review Committee Act, the Ombudsman Act, the Fatality Inquiries Act and the non-punitive, non-inclusive Protection For Persons In Care Act, the Powers of Attorney Act, and the Personal Directives Act, clearly demonstrates this.
 
This failure trivializes crime against vulnerable elderly and encourages perpetrators to target this population because they believe, and rightly so, that there is little chance that they will be held accountable or even arrested, tried, or convicted.
 
Elderly crime victims deserve equal justice, including James Keith Bain.
 
We respectfully ask you to reconsider your investigation into this matter. We would be grateful to be in receipt of your response by January 26th, 2007.
 
Elder Advocates Of Alberta Society
 
Per:
 
 
 
 
Honourable Dave Hanncock, Minister of Health and Wellness
Honourable Greg Melchin, Minister of Seniors a& Community Supports
Dr. Kevan Taft
Mr. Brian Mason, BA
 
 
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Hand Delivered
February 1, 2008
 
The Honourable Mr. Ron Stevens, QC Minister of Justice and Attorney General
The Honourable Mr. Greg Melchin,
 

Minister Seniors and Community Support Services

Dear Sirs:
Personal Directives Act, Powers of Attorney Act
 
We ask that your government legislate that all enacted Personal Directives and Powers of Attorney be registered with the provincial government.
 
The present legislation allows estate theft with impunity. We perceive this to be a most serious and even pressing matter. Monies/estates have been stolen by those who were placed in a position of trust by this legislation. Presently, this is a hidden crime.
We must safeguard vulnerable Alberta citizens from predation.
 
Thank you. We shall be awaiting your reply and be grateful to be in receipt of such reply by the 20th of February, 2008.
 
Elder Advocates Of Alberta Society
 
Honourable Marjory LeBreton, P.C. Leader of the Government in the Senate, Senate of Canada, Ottawa
Office oft h e Public Guardian, Alberta
Office of the Public Trustee, Alberta
 
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Letter sent via email – hs.ministeris@gov.ab.ca
January 29, 2016
 
The Honourable Mr. Irfan Sabir Minister of Human Services # 402 Legislature Building
10800 97 Avenue, Edmonton, AB, Canada T5K 2B6
 
Dear Mr. Minister:
 
Reference POWERSOF ATTORNEY ACT RSA 2000, c P-20
We, the Elder Advocates of Alberta, speak in defense of the voiceless, frail elderly and therefore have interest in this matter.
 
We would be pleased to meet with you in regard to the above noted legislation We receive numerous complaints in this regard. Vulnerable seniors are being financially abused by the said legislation.
 
Please allow us to be in receipt of your response concerning this matter, by the 10th of February, 2016
 
Thank you.
 
Yours truly,
 
Elder Advocates of Alberta Society,
 
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Media Information
 
May 17, 2016 @ 11:30 AM
Alberta Legislature, Carillon Room, 5th floor
 
Meeting with Honourable Ms. Lori Sigurdson,
Minister of Seniors & Housing
 
 
 
The Powers of Attorney Act RSA 2000, cp-20
 
allows theft of a seniors estate. Monies and estates can be stolen
with impunity by those who are placed in a position of trust by
this legislation, demands no accountability, a virulent, hidden crime.
 
The accompanying legislation, the Personal Directives Act allows the appointed Agent to deny loved ones access to the elder, isolate him/her, whose estate is being financially abused / stolen.
 
The parallel court appointed Guardianship &Trusteeship legislation, which allegedly demands accountability through the courts, also allows and even facilitates financial abuse of the
estate. Too often denies the rights of the one who is allegedly to be protected by the legislation &denies and violates the rights of loved ones.
 
We have been expressing concern to government/s concerning this flawed legislation since 2007.
Attending with us will be six individuals who have been harmed by the named legislation. All of the attendees have been disallowed to see their loved ones, some for months, some for years.
 
Elder Advocates of Alberta Society (1992)
 
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From: Andrew Tarver Andrew.Tarver@govab.ca
Subject: Powers of Attorney Act
Date: September 28, 2016 at 4:38 PM
To: elderady@shaw.ca
Cc : Avery Trimble Avery.Trimble@gov.ab.ca
 
Hello Ms. Adria,
 
I heard your concerns on the radio this morning and I wanted to follow up on your request for a meeting to discuss the Powers of Attorney Act. While Minister Ganley’s schedule is quite full at the moment, I would be happy to meet with you along with one of our department staff with some policy expertise in the area to get a better understanding of your concerns. I’ve cc’d Avery Trimble, the scheduling assistant in our office, to arrange details if you would like to meet.
 
Thank you,
 
Andrew Tarver
Chief of Staff
Office of the Minister of Justice and Solicitor General
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. fI you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.
 
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Via Facsimile 780 422 6621
 
October 24, 2016
 
 
Mr. Andrew Tarver, Chief of Staff,
Department of Justice and Attorney General
 
 
Dear Mr. Tarver:
 
Reference: Powers of Attorney Act, RSA 2000, c P-20
 
We thank you and the Legislative Specialist, Claire, for meeting with us.
 
We reiterate that we ask that your government legislate that allenacted Powers of Attorney be registered with the provincial government. We recommend that the “attorney” who has been empowered to act on behalf of the donor under the power of attorney act be required to register the power of attorney at the time when it is enacted.
 
Vulnerable Alberta citizens must be safe from predation, the named legislation facilitates predation.
 
Thank you.
 
 
 
Yours truly,
 
Elder Advocates Of Alberta Society (1992)
 
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HAND DELIVERED
October 24, 2016
 
The Honourable Ms. Kathleen Ganley
Minister of Justice and Attorney General
 
Dear Ms. Ganley:
 
Powers of Attorney Act.
 
We ask that your government legislate that al enacted Powers of Attorney be registered with the provincial government.
 
The present legislation allows estate theft with impunity. This is a most and even pressing matter. Monies / estates are being stolen by those who have been placed in a position of trust by this legislation. Presently, this is a hidden crime.
 
We must safeguard vulnerable Alberta citizens from predation.
 
Thank you.
 
We shall be awaiting your reply and be grateful to be in receipt of such reply by the 18″ of November, 2016.
 
 
Yours truly,
Elder Advocates Of Alberta Society (1992)
 
 
c.c
Honourable Seniors Minister, Lori Sigurdson.
Deputy Minister of Seniors, Mr. John Cabral
 
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Via Facsimile 780 422 6621
 
November 28, 2016
 
Mr. Andrew Tarver, Chief of Staff,
Department of Justice and Attorney General
 
Dear Mr.Tarver:
 
Reference: Powers of Attorney Act, RSA 2000, c P-20
 
Further to your email correspondence dated November 14, 2016.
 
We have termed this legislation as, “License to steal”.
 
Please advise us as to who made the decision that your government will not legislate that all enacted Powers of Attorney be registered with the provincial government? Who made the final decision that there will continue to be no means to hold the “attorney” accountable for the “donor’s” monies and estate over which he/she, has been granted total control over?
 
Was the Minister apprised of this matter?
 
We would be grateful to be in receipt of your response by the 6st of December 2106.
 
 
Thank you.
 
Yours truly,
 
Elder Advocates Of Alberta Society (1992)
 
 
 
cc: Honourable Lori Sigurdson, Minister of Seniors and Housing
Mr. John Cabral, Assistant Deputy Minister of Seniors and Housing
 
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Media Information
 
Meeting with Honourable Ms. Kathleen Ganley
Minister of Justice & Attorney General
 
Thursday, March 23, 2017 @ 3:30 PM
Alberta Legislature, Room # 424
 
 
 
 
The Powers of Attorney Act RSA 2000, cp-20
 
This unjust, defective legislation allows theft of a seniors estate. Monies and estates can be stolen with impunity by those who are placed in a position of trust, demands no accountability, a virulent, hidden crime.
 

License to steal

 
 
Elder Advocates of Alberta Society (1992)
 
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 Proposal
 To
  Honourable Minister of Justice & Attorney General
 
Ms. Katheleen Ganley
 
Powers of Attorney Act RSA 2000 cp-20
Presently
“License to steal”
 
1) Legislation be formally registered with government *– Ministry of Justice
2) – Passing of accounts – Accountability to court
3) Transparency – beneficiaries have right to examine accounts without have to make a court Application.
4) Isolating of senior (banning of loved ones, family, friends) identified / notified to registration / government.
(Registration Act)
5) Attorneys, who abuse the finances of their donors, be immediately subject to Criminal Code of Canada.
 
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HAND DELIVERED
 
March 23, 2017
 
The Honourable Ms. Kathleen Ganley
Minister of Justice and Solicitor General
# 424, Alberta Legislature Building,
Edmonton, AB.
 
 
 
Dear Ms. Minister:
 
REFERENCE- The Powers of Attorney Act RSA 2000, cp-20 (POA)
 
Thank you, your Chief of Staff, Andrew Tarver and Clara Cerminara, Legislative Specialist, Alberta Justice, for meeting with members of our Working Group this afternoon.
 
We articulated for you the result of the abuse which the Powers of Attorney Act may cause. We receive complaints from across the province which document that this legislation fails to protect vulnerable seniors but rather allows harm, facilitates theft, we allege this legislation to be a license to steal.
 
We presented to you, the creation of a Government Registry as a solution to provide oversight for all Powers of Attorney contracts. You indicated that this solution was too costly.
 
Since this is a problem that will only get worse, it is incumbent on government to provide oversight and penalty for the abuse of the Powers of Attorney. Despite the fact that they are currently private contracts, this should not prevent the Government of Alberta from providing a remedy.
 
What remedy does your government consider?
 
Seniors need protection. If our solution of a Registry with transparency is not appropriate please indicate the solution that your department feels is more appropriate.
 
We look forward to further discussions with your office regarding this prevalent problem. With the coming Tsunami of wealth transfer from one generation to the baby boomer generation, this problem of preying on seniors / financial abuse will only worsen.
 
Please allow us to be in receipt of your response by the 5th of April, 2017.
 
Thank you.
 
Respectfully submitted.
 
Yours truly,
 
Elder Advocates of Alberta Society (1992)
 
c.c. Mr. Philip Bryden, Deputy Minister, Office of the Minister of Justice and Solicitor General
 
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