Thanks to CBC’s GoPublic we have heard stories of banks forging documents, selling customers services they don’t need, and the pressure on bank employees to meet sales targets.

Now imagine you are incapable and the only thing standing between you an a fleecing is the Public Guardian and Trustee and a court system so overburdened it cannot try serious crimes in time – let alone examing subtle issues in personal finance.

My mothers court appointed Section 3 counsel inserted BMO into an order to have my mother removed from care where she was left in excrement, isolated from friends and family etc. If we didn’t agree the order would not proceed. Mrs. Childs would remain in deplorable care.  There was no review of whether a bank was needed as my mother had an existing POA. No consideration of other banks.  Later we would learn Section 3 used to deal with the BMO account manager when she worked at another bank.

Section 3 then wrote BMO’s management plan to be appointed guardian, swore affidavits for them –  but billed my mother $390/hour for these ‘services’.  Section 3 also negotioted BMO’s fees – in excess of the amount Act allows without following the defined approval process for those extra fees.

Interestingly it would be BMO that would review, and approve or challenge Section 3’s fees – including the fees that BMO benefitted from.

The management plan Section 3 wrote for BMO wrote ignores legal obligations prospective guardians have. The person is supposed to be informed both of the plans approach, and that they can oppose the plan. That didn’t happen – instead the plan lists “through Section 3” which is interesting as Section 3 didn’t start writing the plan until after the last time she met with Mrs. Childs.

And the plan was not followed. It says “Retain valuables as long as Mrs. Childs can use/enjoy them. BMO will inventory and appraise, if necessary, valuables.” but in October brings a motion that her property could be kept by other. They did not speak with her.

The plan says ” Quarterly reporting of Mrs. Childs assets to be delivered to each of Mrs. Childs children” No quarterly reporting has occured.

But maybe this is not surprising. Despite the Act stating that a guardian of property must follow their plan, BMO took the position that they did not need to as the Judge allowed them to file an amended plan. It’s almost 2 years later and Mrs. Childs still does not have the protection of a filed plan.

And the Act says that the guardian of property should consult with the incapable person. BMO has never spoken with Mrs. Childs.

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