Public Guardian cited for fraud, abuse of seniors

In the wake of the Jean Wilder case in Invermere, BC, people have sent Seniors at Risk stories implicating the Public Guardian & Trustee of abuse of authority and fraud in managing the estates of seniors who they placed under their control, including:

  • a PGT staff member was convicted of embezzling millions of dollars of real estate and other assets from seniors for whom the PGT was appointed guardian,
  • The Public Guardian & Trustee seized the joint bank accounts of an elderly couple after the husband complained about mistreatment and neglect of his wife by care facility staff, and forced his wife to remain in an institution rather than to be cared for at home with home care, and
  • PGT staff “ransacked” the home of an elderly woman who was under the PGT’s legal care, made the last months of her life “miserable”.

 

‘Trustee’ caught stealing $1.26 million in assets from two seniors

A Public Guardian & Trustee employee, (Bryan Tickell), was sentenced to six years in jail in 2009 after pleading guilty to fraud, breach of trust and forgery in the cases of West Vancouver’s Phyllis Lowdell and North Vancouver’s Boris Derlago, who was defrauded on his death bed.

“The Public Trustee says it has since revamped its hiring practices and internal checks to guard against abuses by predators such as Tickell.

The Hendersons, executors of Lowdell’s estate, aren’t convinced.

Phyllis is lucky because she has the means to survive. She has quite a decent estate and she is leaving it to charity.”

Still, Henderson suggested that Lowdell may have lost more than was revealed by the Public Trustee.

“We are still miffed at whatever happened to all the stocks and bonds and all that stuff we handed over [to the Trustee when Tickell was managing Lowdell’s case],” Ross Henderson said. “Whatever happened to the contents of her home? No one ever gave us answers.”   Read More

 

B.C. man loses right to care for wife

Province takes over after husband refuses to pay for ‘substandard’ hospital care

An elderly B.C. man is upset after a provincial health authority stripped him and his wife of their legal and financial rights when he complained repeatedly about his wife’s care in the local hospital.

“She would have been far better at home,” said George Brent, 83, of his wife’s care at the Kootenay Boundary Regional Hospital in Trail, B.C. “But, I’m strapped by legalities set forth by government.” …

Brent’s 81-year-old wife, Dolores, was admitted to the hospital in Trail, in southeastern B.C. near the border with Washington, in August 2009 after suffering a heart attack. After she recovered, her husband told hospital staff he wanted to take her back to their home in nearby Montrose. Instead, the hospital moved her into its long-term care wing, saying she was too frail to leave.

“She would ask me every day, ‘When can I get out of here?'” Brent said. “They stated that I wouldn’t be allowed to take her home.” …

Husband complained repeatedly

Brent and one of his daughters, Gwyn, said they were very upset about what they called the “substandard” care Dolores received at the Kootenay hospital. Brent would visit every day, and he and his daughter said they often found Dolores parched, cold, tied to her wheelchair or even sitting in her own waste.

“I told the head nurse, and they said, ‘We are too busy to change her,’ ” Gwyn said. “So, they didn’t change her, and she didn’t eat. How can you eat when you are sitting in your own waste? That’s how it is there.”

Public Guardian steps in

Hospital physicians then assessed Dolores Brent’s deteriorating mental state, and an administrator from the health authority signed a form declaring her incapable of managing her affairs.

The certificate of incapability, as it is known, automatically put B.C.’s Public Guardian and Trustee in charge of her finances instead of her husband even though she had signed an enduring power of attorney appointing George Brent to look after her affairs if she became incapable of doing so herself.

“To get Dolores the support she needs, it is our intention to issue a certificate of incapability,” said a letter from the health authority addressed to George Brent in March. “The Public Guardian and Trustee will plan with Dolores to best meet her financial and legal needs.” …

Gwyn Brent said the health officials’ actions were a direct response to her father’s complaints about her mother’s care at the Kootenay hospital.” … Read More

 

B.C. public guardian accused of abusing rights

Last months of elderly woman’s life made miserable by agency: friends

When Winifred Hall entered her friend Sheila Scholnick’s home in Vancouver’s west side after she was locked out, the place looked as though there had been a burglary.

“The house had been ransacked,” the elderly B.C. woman told CBC News, her voice shaking.

A Jewish altar lay overturned in the living room of the Dunbar area home, with its candles and Torah lying on the floor. Upstairs in the bedroom, dresser drawers had been emptied and underwear was scattered on the bed.

The culprits: British Columbia’s Public Guardian and Trustee, a provincial agency set up to protect the financial and legal affairs of those declared mentally incapable of handling it themselves. …

Agency won’t explain

“B.C. Public Guardian and Trustee Jay Chalke said ransacking a house would be “ridiculous and unacceptable.” … Our written policy is that our investigators leave the property at least as good as they found it.”

But lawyer John Lakes who has dealt extensively with the public guardian, says poor judgments are sometimes the result of overworked, disengaged caseworkers, as well as the result of a cumbersome bureaucracy. “Well, unfortunately — just like a lawyer — the PGT is trained to be negative,” said Lakes.

“You’re dealing with a big bureaucracy. You’re dealing with a turnover of people. Part of the problem is what they’ll do is take sides too early.”

For about six months before being turfed from the home, Hall had Scholnick’s enduring power of attorney after Scholnick was admitted to a nursing home following a fall in May 2007.

With that enduring power of attorney, she had the ability to act in her friend’s name even when Scholnick lost decision-making capacity, but that right was nullified by the public guardian when it assumed control of the elderly woman’s finances.

In fact, it was Hall who called the public guardian, concerned that Scholnick was being swindled by a man who had begun visiting Scholnick at the nursing home.” … Read More

 

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6 Comments »

  1. My wife,s mother was declared mentally incompetent by PGT after a stroke although she is mentally fine she cannot speak but understands everything!!! PGT has seized everything, although my brother in-law has power of attorney which means nothing to the Government!! Lets get our rights back!!! Power of attorney means nothing, Our parents rights meet nothing.

    Comment by Hugo Musa — June 1, 2012 @ 8:59 pm

  2. PUBLIC GUARDIAN FRAUD… HOW CAN THIS LEGALY HAPPEN IN CANADA AFTER WE PAY TAXS ALL OUR LIVES
    I HAVE HAD THE BC PUBLIC TRUSTEE TAKE CONTROL AFTER MY DR PLACED ME IN AN INDUCED COMA AFTER AN ACCIDENT ON MY HARLEY I WAS PLACED IN THE INDUCED COMA SO I WOULD STAY IN BED AND WHERE I COULD NOT WALK OUT THE DOOR OF THE HOSPITAL WHICH I WAS DOING AS I RECOVERED.

    Comment by Anonymous — August 2, 2012 @ 8:05 pm

  3. PUBLIC GUARDIAN FRAUD… I live in England, my sister who lives in B.C. was taken over by Public Guardian without
    telling her children. They took over her bank account, her pension ,her investment bonds
    and now they putting her house for sale, where her son lives,not giving any consideration where he will live. Putting my sister in a Care home. In my opinion this is a criminal offence This would
    never happen in England, Canada is a democratic country- how can Government allow
    this to happen? Are people aware of Public Guardians activities ? especially when they
    vote for their Prime Minister..

    Comment by j.rossi — December 29, 2012 @ 1:39 pm

  4. PUBLIC GUARDIAN FRAUD… A most appalling organization that uses force much like a dictatorship. Think long and hard before using this option. An acute lack of knowledge of health conditions of the elderly, this corporation senselessly seems to have a clear mandate in commandeering the financial affairs of vulnerable senior citizens, especially if the estate is sizeable,it seems, and disregards the best options for the patient and family. The dear woman i was helping suffered a stroke within 24 hours of the PGT’s taking over of her financial affairs. A harsh warning. My experience with the PGT was very disturbing indeed.
    Let me repeat that: think long and hard before using this option.

    Comment by Susan — April 26, 2013 @ 6:30 pm

  5. PUBLIC GUARDIAN FRAUD… Nothing but legalized thieves,have the power to do what they like,and a person has no recourse..they keep you in the dark like a mushroom,and they say that they dont have to explain anything to the family,after they get hold of all a persons finances…what is this country leading to .

    Comment by Roy P — May 22, 2013 @ 9:17 am

  6. How does your non-profit agency deal with complaints against one of the Public Agencies listed on your website? Seniors have the right to be made aware of the devastating effects many seniors and their families have encountered when taken over by these agencies.
    Please advise.
    Cheryl Siebert

    Comment by cheryl siebert — July 5, 2014 @ 9:33 am

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