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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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I have a client ( i am a mental health counsellor) who has

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I have a client ( i am a mental health counsellor) who has signing privileges for her mother-in-law who has dementia and is in a nursing home. My client's husband is the power of attorney. when my client began having signing privileges for her mother-inlaws bank account the purpose of this was to make sure her bills were paid. (When she first got the signing privileges the mother in law did not have dementia) Eventually the bills were not getting paid so the health authority assigned a trustee to look into this and my client has a meeting coming up with the trustee latter this month to answer these questions. my client has been taking the money out and gambling with it. she has cleaned out the account of two hundred thousand dollars. this is obviously unethical but is this illegal and will she face charges? thanks for your help

What you've described certainly sounds like an offence under the Criminal Code, namely:

  • 332. (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it.

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    Accordingly, your client may be charged under this section or Fraud Over $5000 or Theft Over $5000 depending on the circumstances.

     

     

    Hopefully that is of assistance.

     

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