Powers of Attorney - The Role of Criminal Law and the Importance of the Civil Process
In previous Blogs, we have discussed, in part, recent legal developments surrounding the elderly. At the May 25, 2006 Elder Law program that Ian attended, the initial speakers addressed some of the important remedies available to individuals in the context of both the criminal and civil courts.
One interesting reference identified by the speakers was that of section 331 of the Criminal Code, which provides for a criminal remedy against someone who victimizes an elderly person.
Section 331 provides, in part, that anyone who commits theft or who, being entrusted, whether solely or jointly with another person through a Power of Attorney, fraudulently converts the proceeds of an elderly person, may be charged with a criminal offence.
Rita Zaied, the manager of Legal Services for the York Regional Police, noted that in situations where criminal charges are pursued in the context of Power of Attorney matters, the police and the Crown's office acknowledge that there may be circumstances where the victim may not be able to give evidence. Therefore, they look to other sources, such as the record that was created in the civil law proceedings.
For example, any Affidavits prepared by the victim in the civil law proceedings will often detail some of the history of what happened. In the criminal court, this Affidavit may be helpful. Rita Zaied went on to say that where a lawyer can come to court and confirm that his client was clearly capable when he or she prepared the Affidavit, this evidence can be compelling in the context of the criminal proceedings.
All the best, Suzana and Ian. --------
