CBC News
By Aaron Saltzman
March 3rd, 2020
Woman with power of attorney takes thousands from 97-year-old with dementia, but Crown withdrew charges when accused paid $20k in restitution, with no admission of liability…
A woman with power of attorney who took tens of thousands of dollars from a 97-year-old woman with dementia had criminal charges against her withdrawn, in a case critics say exposes gaps in the justice and banking systems that leave the elderly and infirm vulnerable to financial abuse.
“There’s a reason it’s called power of attorney,” said Kavina Nagrani, chair of the Canadian Bar Association’s Elder Law section. “It’s a very powerful document.”
A power of attorney gives someone the right to make decisions for you if you are no longer able to take care of matters yourself. In many cases, they have near unfettered access to your finances.
Yet, there is no regulatory body to monitor or sanction someone with power of attorney. And when it comes to fraud or theft, criminal proceedings can often fall apart because the victim is either medically unable to testify or unwilling to bring charges, either because the accused is often a family member or close friend or because they fear they will no longer have someone to act on their behalf.
