1-613-233-0008 [email protected] #714–170 Laurier Avenue West, Ottawa, Ontario

Theft over $5,000:

John was charged with theft over $5,000 and theft by power of attorney. He moved back home in 2004 to live with his mother who was elderly. By 2008, his mother ended up in the hospital and John’s sister, who was power of attorney then jointly with John decided that their mother would be placed into a nursing home.

Uncomfortable with this arrangement due to the belief in rapid deterioration of individuals placed into nursing homes, John decides to bring his mother back home. Shortly thereafter John brings his mother to a lawyer who then changes the power of attorney to be primarily in John’s name. Thereafter, John encourages his mother to add him to the deed of the house. A $50,000 mortgage is soon placed on the home. The sister then relinquishes her stake in the power of attorney shortly thereafter.

Fast forward two years or so and John is beginning to be investigated for possible neglect with regards to his mother’s care. Mother’s dementia has progressed and is now deemed to be unfit to be left alone. Care workers who attend the home to give John respite begin noticing unexplained bruising on her skin. Some suggestion is made that there is an inadequate amount of food being kept in the house. Ultimately, an insufficient amount of evidence existed to charge John for failing to provide the necessities of life.

However, the sister begins to notice large amounts of money being moved around her mother’s account. The mother inherits two separate inheritances within a few months totalling over $200,000. John’s sister becomes worried that John might not be using this money properly even though John is investing a large portion of the money. John’s sister is aware of the transactions because she was a co-owner of the bank account in which the mother’s money was deposited.

John is eventually charged with stealing his mother’s money (the total amount stated was $30,000).

Result – on the trial date, Crown agrees to stay the charges upon John’s willingness to renounce his power of attorney for property and remove his name from title of the deed to the house.