Eileen's Story

Eileen's grandson, Jason, has been helping her to buy her groceries. To make it easier for Jason to pay for the groceries, Eileen added Jason's name to her chequing account so that he could write cheques. At first Eileen thought that this was working well. However, Jason continued to ask her for money for things other than groceries. Now Jason says that he needs to borrow $1500 to repay a debt. Eileen refused to give the money to him. Eileen was shocked when she received her monthly bank statement. There was a withdrawal of $1500 for which she had no record. Eileen knows that Jason has taken the money and she is worried about getting the money back.

• What should Eileen do immediately?
• Is Jason, Eileen's grandson, doing something wrong?
• Are there any indicators of financial abuse?
• What does the law say about financial abuse?
• Eileen is concerned about Jason's reaction. She thinks he will keep trying to come back to her house and this frightens her. How can she use the law to make Jason stay away?
• If Eileen needs or wants to use the legal process, what does she have to do?
• Could Eileen get her money back by going through the criminal process? 

The characters and events depicted in this scenario are entirely fictitious. Any similarity to actual persons, living or dead, is purely coincidental.

What should Eileen do immediately? 

Eileen should contact her financial institution immediately and have Jason's name removed from her account.

Is Jason, Eileen's grandson, doing something wrong? 

Yes, Eileen's grandson is abusing her by stealing from her. Stealing is a form of financial abuse and it is not acceptable.

Are there any indicators of financial abuse? 

These conditions may indicate that an older adult is experiencing financial abuse:

• confusion about his or her own finances
• denial that anything is happening
• resignation and sometimes acceptance of the incidents as being part of being an older adult
• lack of financial choices or decisions
• family members moving in without older adult's agreement and no sharing of costs
• extraordinary interest in an older adult's assets or will
• unusual bank activity, for example, a lot of cash withdrawals
• a noticeable discrepancy between income and standard of living
• withdrawal from activities and communication with others
• marked changes in behaviour, for example, fearful, depressed, mentally confused
• anger, and verbal or physical outbursts

NOTE: Some of these indicators may be present and the older adult is not being abused; these are merely possible indicators of abuse.

What does the law say about financial abuse? 

Jason may have committed a number of offences against his grandmother depending upon how he stole the money. He could possibly be charged with theft, fraud, or both.

• Theft is committed when a person knowingly takes or uses the property of another person without his or her consent, and intends to deprive that person of the property temporarily or permanently.

• Fraud is committed when a person uses deceit, lying, or other fraudulent means to defraud the public or any individual of property, money, or valuable security.

Although the facts in Eileen's story do not appear to include any false pretences or false statements, those kinds of action can also amount to financial abuse.

• False Pretence or False Statement A false pretence is where a person represents a fact to another person when he or she knows the fact is false and is making the representation with the intention of inducing the other person to act upon it. A person commits an offence when he or she makes a false pretence and obtains anything for himself or herself, or another person. The offence is also committed where:
  • a person obtains credit by a false pretence or fraud
  • a person deliberately makes a false written statement that someone else will rely on to determine if he or she can pay for items such as a loan, a grant or extension of credit, delivery of personal property, payment of money, discount of an account receivable, making, accepting, discounting or endorsing a bill of exchange, cheque draft or promissory note
  • a person actually obtains any of the items mentioned in the previous bullet and knows that a written false statement has been made concerning his or her ability to pay for them.

For more information on financial abuse, see here.

How can Eileen use the law to make Jason stay away? 

Eileen can apply for court orders which tell Jason to stay away. If Jason doesn't stay away, he can be punished. For example: Eileen could use the orders that can be obtained using the Protection Against Family Violence Act, if she could show that actual physical violence or property damage had been committed or threatened or that Jason had committed an act or threatened to commit an act which made Eileen reasonably fear that property damage or violence would occur. Financial abuse is not included in the definition of family violence but confinement, stalking and sexual abuse are. On the other hand, Eileen can use the mechanism of a restraining order or a peace bond:

Eileen needs to talk to a lawyer or someone who understands these orders to decide which order to apply for. For more information on the various forms of protective orders, see here. 

Eileen probably does not want to lay criminal charges against her grandson. She would prefer to work things out between the two of them. However, there may be times when this approach doesn't work and she may have to become involved in the criminal justice process. 

If Eileen needs or wants to use the legal process, what does she have to do? 

Eileen needs to make a criminal complaint. To start the process, Eileen will have to make a report to the police by telephoning them or going to a local police station. She can contact a local elder abuse intervention team, if one is available. She may need help from another relative or a friend.

For more information on involving the police, see here.

For more information on making a criminal compaint, see here.

Could Eileen get her money back by going through the criminal process? 

If Jason were charged and convicted of theft, Eileen could ask the court at the time of sentencing for an order of restitution, that is, compensation. There are several other ways that Eileen can attempt to recover compensation for the stolen money. For more information on compensation options, see here.

The audio version of Eileen's story is coming soon.

Have you read the other stories?

• Bill - Physical Abuse
• Tom - Psychological Abuse
• Jenny - Planning for the Future

Do you want to know more about abuse?