Will Ontario Courts Impose Jail Time for Elder Abuse?

November 15, 2016 Nick Esterbauer Elder Law, In the News, Power of Attorney Tags: , , , , , , 0 Comments

A perpetrator of elder abuse has recently been sentenced to three years in prison by an Ontario Court.

The man from Markham, Ontario had obtained assistance from a friend, an employee of a major national bank, in creating a power of attorney, which he put forward as a document prepared for and executed by his mother, Royale.  Royale’s savings, which had been in the hundreds of thousands of dollars, were depleted to less than $15 and she was forced to live in a public nursing home.

Courts may punish for elder abuse.
“After she learned that her funds had been stolen, Royale reported her son’s actions to the police before her death.”

After she learned that her funds had been stolen, Royale reported her son’s actions to the police before her death.  In her videotaped police statement, Royale says, “It makes me very sad, but he has to pay the consequences.”  She was visibly upset by the idea of placing charges against her son, but nevertheless proceeded to do so.  In June of this year, Royale’s son was convicted of both theft and fraud over $5,000.

Unfortunately, situations like that involving Royale are all too common.  A recent study suggests that one in ten American seniors are affected by elder abuse.  Further, it is estimated that only one in ten victims of elder abuse actually report it.  Many seniors may be reluctant to report elder abuse due to fear of what the abuser may do to them and a belief that the police and/or social agencies will not be able to provide meaningful assistance.

Incidents of elder abuse highlight the importance in establishing incapacity plans and in appointing attorneys for property and personal care that can be trusted and who can protect the grantor’s rights if he or she is unable to do so.

Royale’s other surviving children now plan to commence civil proceedings against their brother and the financial institution whose employee was involved in the creation and use of the fraudulent power of attorney.

This recent sentence sends a strong message about the seriousness of elder abuse and the lengths to which the justice system will go in order to punish those who take advantage of members of our aging population.

Thank you for reading.

Nick Esterbauer

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