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Daniel Freudman
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I have a client ( i am a mental health counsellor) who has

Resolved Question:

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
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

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.

  •  

    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.

     

    If you are satisfied with my answer, please provide me with a positive rating so I can receive payment. Thank you.

     

    DISCLAIMER: My communication is general legal information only and is not intended to be relied upon. This information is not legal advice, nor is it a substitute for such, and if you are seeking legal advice then it is recommended that you retain an attorney. There is no guarantee as to the accuracy of this information, nor shall I be held liable for any claim, demand or damages, actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected to this information or the issue it pertains to. No solicitor-client relationship has been created by this communication.

    Daniel Freudman, Lawyer
    Category: Canada Law
    Satisfied Customers: 894
    Experience: Lawyer
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