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Hazelthebunny Asked January 2021

Question about guardianship in Canada. Does anyone know the answer?

Hello,


I just read a truly terrifying article from 2017 in the New York Times about a cloak and dagger guardianship racket in the US whereby these guardian companies target seniors with assets and collude with crooked healthcare workers to deem them incompetent and seize their assets and then empty their accounts to pay their own “administrative fees”... they bulldoze caring relatives out of the picture entirely and basically keep these seniors prisoner and impoverished.


It’s one of the most gut wrenching things I’ve ever read. I’m thinking of my own parents, in their late seventies. Can this nightmare happen in Canada?


This is is the article, in case you were interested.


https://www.newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights


Does anyone here know, can you reassure me at all?


thank you,
hazelthebunny

Tothill Jan 2021
A very close family friend was put under the BC Public Trustee about 20 years ago. Mum had been her POA. It was put in place to protect E from financial exploitation by one of her sons. Mum went on a holiday and E’s son convinced her to remove Mum as POA.

It soon became apparent to other friends that E was vulnerable and the Public Trustee (PT)was contacted. The PT tried to get a mum or other friends to act as POA again, but they all refused.

E died 2 years ago. Mum discovered that she is the Executrix of the estate. 2 years later it is still in probate.

Another family friend, for whom Mum is POA is at risk of financial exploitation by his daughter. If she starts to harass Mum, Mum will resign and call in the PT.

I have not heard of predatory companies taking over guardianship in Canada.

JoAnn29 Jan 2021
I read the jist of the article. This would be a State thing. I personally have never heard of it. Nevada seems to have a loophole that should be closed. To me, this is a crime. There should be documented proof the person can no longer care for themselves and family found before a stranger is put in charge of the person's care.

Guardianship is expensive and not easy to get. The person you are seeking guardianship of has to be found incompetent to make informed decisions. That person may be present at the hearing. Other family members should be made aware of the court date in case they want to contest it. The Judge rules and the State now is involved. The guardian has to report to the State regularly about how the persons finances have been spent, their heath, etc.

If the State takes over guardianship its because there is no one to care for the person or wants the care of that person and the person is found incompetent to care for themselves.

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