Elder Abuse: Power of Attorney Can Provide Peace of Mind (On. Canada)

Power of attorney can provide peace of mind for seniors worried about the future
2008-10-23
By Mary Riley

Canadian law holds sacred a person's right to decide what happens to their body or property. At the core of a multitude of legal issues is consent - 'who gives consent to whom, and for what.'
Robert Solomon, a law professor at the University of Western Ontario, was the keynote speaker at a workshop on elder abuse, held in Oakwood on Thursday (Oct. 16).

The workshop, put on by the Haliburton Kawartha Lakes Elder Abuse Prevention Network, was attended by health-care professionals, police officers, social service groups and others who work with seniors.

Professor Solomon covered a variety of legal issues that apply to working with the elderly. He emphasized the importance of consent and competency under the law, and how the legal definitions affect those who work in health care and social services.
Power of attorney can be a useful tool for seniors who are worried about physical or mental incapacitation. It gives someone else (known as the 'attorney') the power to act on a person's behalf.

Literature published by Community Legal Education Ontario defines the three forms:

• general power of attorney for property, (only while you are mentally capable; it ends if you become incapable); (Under the law, property includes money and personal possessions as well as real estate.)
• continuing power of attorney for property (allows your attorney to continue to act for you if you become mentally incapable) and,
• power of attorney for personal care; a separate type that covers decisions about health care, medical treatment, housing, diet, clothing, hygiene and safety.

For more information, visit the Ontario Network for the Prevention of Elder Abuse website at http://www.onpea.org/ or call (705) 745-4100.

Abridged

Source: Kawartha Media Group

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Lawyers who assist in drawing up durable power of attorney for elderly clients, should be trained to look out for "undue influence" by the 'attorney'.

There are cases where a DPA was used to abuse a third party. Just look at the Frank Punito Case . There currently NO assistance to the victim of such cases.

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