A comparison of Mrs. Childs instructions to Section 3 reported May 14, 2015 and her wishes and observations reported by the capacity assessor on May 25, 2014 is instructive:

Section 3 states “Mrs Childs wishes to live in her own home at Sand lake only as long as it is safe for her to remain there.

The capacity assessor says Mrs. Childs says “I want to stay here as long as I can, until I die. Have someone write it down. The capacity assessor also notes Mrs. Childs has no concept of safety.

Section 3 states “When it is no longer safe for her to remain in her home she wishes to be in a living environment with people her age and where there are activities. She recognizes this may be soon given her memory problems.”

The capacity assessor says “I then asked if she had a choice, if she were bedridden, should she should go into a nursing home or would she accept help at home. “I would have to accept help wouldn’t I? I am going to stay here as long as I can, until I pack it in.” I commented that she might have more company and more things to do if she lived with others in a nursing home and she said, “I wouldn’t go there…..”

Similar wishes were expressed to the CCAC and contained in a geriatric report carried out by a geriatric physician. Both were provided to the court.

Section 3 states “Because of her memory problems she knows she cannot look after her money. She prefers a bank to manage her assets and pay her bills.”

The capacity assessor says “I told her she was a wealthy woman. She responded “I don’t know. I don’t think much about it”. Further “she informed me Caroline kept tabs on what was spent” and “It was ‘absolutely OK’ with her if Caroline did all the money handling. And then of protecting her assets “No the kids are good; they wouldn’t do it”.

On September 12, 2012, when capable, Eileen had made arrangements for banking by invoked her Power of Attorney for Property by writing all financial institutions asking them to honour the PoA stating

“To meet my goals of staying in my home as long as possible the time has come to instruct you to honour this Power of Attorney and take their instructions as my own.”

On receiving the capacity assessor’s report – Section 3 did not visit or consult her client.

If you were counsel wouldn’t you as the report seems to indicate Mrs. Childs wishes and therefore instructions may have changed? I know I would.