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Unlawfully Detained

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Elder Advocates of Alberta Society (1992)

June 25, 2025

Letter Via Facsimile info@familydoctoredmonton.com

Dr. Allan A. MacDonald
Associate Medical Clinic 25 St. Micheal Street, St. Albert AB

Dear Dr. MacDonald:

We represent the Elder Advocates of Alberta Society.
We advocate for Alberta citizens who have become older, voiceless and whose rights are often being disregarded.

REFERENCE – Client – Ernest Allen. D.O.B 10/06/42
Unit 19 Room 15, Sturgeon Community Hospital.

Throughout this matter, we shall refer to Ernest Allen
as “the client”.

COMPLAINT
The agent has informed the client that he is to be taken to
live in a facility in Morinville, Client has responded that Morinville is far from all his longtime friends and social contacts who would be unable to visit and socialize with him.

The Agent has expressed that she intends to have him detained behind locked doors in a unit that provides housing for cognitively impaired individuals.

The client has strongly expressed to the agent that he does not wish to be placed in this distant facility.

The client has strongly expressed to the agent and to us,that he does not wish to be locked up.

RELEVANT INFORMATION

The client has had a decades, long relationship, and friendship with a lady named Mira Nikolic, she is a kind, caring person. Because the client wasn’t great in the cooking area, his friend was faithful in preparing food for him and keeping him nutritionally cared for.
Mira lives in a residence whose landlord is Joanie.
Joanie is also a very caring person who has helped and is helping many individuals sometimes elderly. I have known Joanie for over three decades. Through the years we have often worked together in advocating for and assisting vulnerable persons,

MATTERS THAT DICTATE THE REALITY OF THE CLIENT STATUS

We have known and known of the client for some years.
We have found him to be a pleasant, engaging person.

In conversation with the client, we have found that he is oriented to place and time. Without prompting, he was able to inform me of his birth date and age.
In hospital and otherwise, he is independent of care. He showers himself, dresses himself, he feeds himself. He does not have to be cued to go to the bathroom, nor is he incontinent necessitating incontinence wear.

RELEVANT LEGAL ISSUES

Personal Directives Act, RSA 2000, c P-6

In this Legislation. “capacity” means the ability to understand the information that is relevant to the making of a personal decision, and the ability to appreciate the reasonably foreseeable consequences of the decision
We allege that the client comprehends the relevance of the issues

Though the client was not the maker of the Personnel Directive, we submit that legislative intent should apply according to Section 13 of the Act.

Section # 13 – Duty to consult
Before making a personal decision pursuant to a personal directive, an agent must consult with the maker regarding the decision.

CONCLUSION

We respectfully submit that the client does not qualify to be detained in a locked dementia unit.

We further submit that it would be abject cruelty to send him out to some rural area, totally unknown to him where he would be socially isolated.

REMEDY SOUGHT

We recommend that for the time being, the client be authorized to live with Mira where he will be nutritionally cared for in the residence of Joanie.

Dr. MACDONALD, we ask your compassionate intervention in this matter.

Thank you.