Tonight at 11 PM, and on Thanksgiving Monday at 4 PM, we will be replaying the exclusive interview we did last week with Marilyn and Howard Andleton of Virginia.
Marilyn's father Louie Knizat (K-nee'-zit) began showing signs of dementia last year, and when it was diagnosed, the Chief Provincial Psychiatrist called in the Public Trustee's Office.
The dementia explained his abusive behavior towards his wife of 64 years, Mary. Her lawyer told the PTO that she was dropping her divorce petition in light of the fact Louie had not been acting in his right mind. But the Trustee, collecting $7000 every 3 months for "committeeship", ignored it's own rules and kept their lawyer involved in the case.
They charged $700 to have their employees "appraise" the assets, could not explain why their new Transcona house was left a shambles, personal items piled up in the basement, why the jewelry was not photographed but the truck and couches were, why their own printed rules say families can share in the use of vehicles but the elderly wife wanted to use the truck she was told, no we NEVER do that...
Despite the fact the family advocated for Louie when they found substandard care at Riverview where the Trustee had warehoused Louie, the WTO lawyer maintained that Mary was in a conflict of interest and was somehow to be viewed with suspicion, because she was turning to Marilyn and the other siblings for advice.
Meanwhile, the Trustee's Office was unaware that Louie had to be rushed for emergency gallbladder surgery after symptions had been ignored for weeks; that Louie was suffering circulation problems because he was kept upright strapped into a wheelchair for 5 months; that he was expected to share clothing and shoes, even though the estate has more than enough to pay for it.
They were even unaware that they had been depositing cheques from a joint annuity, which means they had also seized assets rightfully belonging to Mary.
In fact, the Trustee admitted that some of the frozen assets were jointly held with Mary, that they were collecting 3% quarterly fees on HER money, and then asked for a "settlement offer", and personal tax information to boot.
Mary could give in, and take a chance that at the rate of $28,000 plus sundry fees, in 5 years she will be forced out of her own home, to satisfy the PTO's greed.
Unless of course, Mary wanted to go to court to overturn the Trustee's stewardship of Louie. That would cost between $10-15,000. And they would use Louie's own money to defend their turf.
Mary, who managed the family household finances, who screamed bloody murder about the substandard health care in Riverview that the Trustee said was beyond their scope because their case workers are overloaded, who never overdrafted a family bank account by neglect as had the Trustee's Office, was told she would have to convince the Court of Queen's Bench that she could manage Louie's affairs better than the PTO.
It makes you wonder, if there case workers are overworked and the family is clearly capable, why is the PTO unwilling to meet with the family and cede jurisdiction?
Is it any wonder the Trustee controls $140 Million in liquid assets, when they can bully families without having to account to anybody? When they can use the families own money to hire lawyers and fight them in court? When they do not have to be accountable to the Minister of Justice or to the Legislature?
And if you think that they can have a complaint dealt with fairly by the Ombudsman, forget it. The Andletons were shocked to learn that in a previous incarnation, the Ombudsman WAS the Public Trustee.
Legislative Change is needed. The 3% fee on assets is highway robbery, given that the private sector charges about 1%. The lack of direct supervision over the care homes so many of their wards are housed in, is an abrogation of the Trustee's true responsibility- to look after those who cannot care for themselves.
The Andletons located a lawyer who will help their mother fight the Public Trustee. But they are lucky, because as professionals with their own business, they are not intimidated by bureaucrats, and are not afraid to fight. You can hear their story, this evening at 11 PM and on Monday, at 4 PM.
Here is some advice a listener provided.
As a Financial Planner, I always emphasize the absolute necessity of everyone having a will, power of attorney, and health care directive. This story is the best example I have heard yet why it is so important.
Everyone should have either a Springing Power of Attorney or an Enduring Power of Attorney. Contrary to what the Public Trustee suggested having a Power of Attorney demonstrates proper planning, not a lack of competence.
If only the couple had powers of attorneys none of this would have happened.
Tell your listeners to make sure NOW that they and their parents have proper Powers of Attorney. The cost is a pittance compared with what it will cost if the public trustee gets involved.
I operate out of an office that I sublet from Hub Capital, one of my MGAs, at 194 Provencher. My business # is 832-4463.
I focus on retirement and estate planning issues.
I have pretty in depth knowledge of tax planning, estate planning, and financial planning. If people want to contact me you may give them my business phone # or email plan@websterwebb.com
Webster Webb
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Today on the live show at 4 PM, we'll explain just who is being affected by the IBEW strike, and how children and families are being victimized, while the NDP stands idly by in observance with its pro-union ideology.
Plus strong police reaction to the gerrymandering by unelected Liberal Senators of federal crime legislation that would have abolished 2 for 1 credit for time in custody, and how this may be the death knell for Liberal leader Michael Ignatief.
