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Public Trustee Disregards Seniors Rights

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July 17, 2009.
Honorable Ms. Alison Redford,
Minister of Justice & Attorney General
403 Legislature Building 10800 – 97 Avenue Edmonton, Alberta, T5K 2B6

Dear Madame Minister:

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

We have learned that the farm of Emma Kadnar is in the process of being sold. At a meeting, at which the Honourable Minister of Seniors, Ms. M.Jablonski, Ms. Diana McQueen, MLA Drayton Valley, Shirley Peleshytyk, Public Guardian Director, Edmonton Region and others attended at the Warburg Senior’s 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 did not need to be sold. (Adult Guardianship and Trusteeship Act Section # 67)
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.

In further reference to this matter. 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. Kerry 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. To date, the Public Trustee has not pursued these allegations.

On the evening of April 16, 2008, the evening prior to the Wetaskiwin court hearing, we had a lengthy visit with Mrs Kadnar at Salem Manor, Leduc. At the conclusion of the visit, we asked her what her wishes were in regard to the morning’s court hearing, did she wish to have Mr. Modin’s name on the Title of her farm property. She was firm in stating that she wished to have his name remain on the Title of her farm property.
Mrs Kadnar had not been served any documents in regard to the Public Trustee’s Court Application.

It is shocking that Public Advocates would show such disregard for the rights of Alberta senior citizens.

We would be grateful to be in receipt of your response in regard to this matter by the 24th of July, 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