Mark Doesn't Have a Dime

Constable Fredericks of the RCMP arrives at Poplar Hill after quietly investigating Mark Marshall's background. He spends an hour with Bert, gently outlining the warning signs of elder financial abuse, then alerts Brooke of his concerns and galvanizes the involvement of local support authorities. Meanwhile, longtime family friend Vicky overhears Donna at Poplar Hill, confirming the family's worst fears about who these people really are. Featured expert: Nathan Spaling describes the power of attorney as one of the most consequential documents a person can sign, with virtually no safeguards, and offers concrete advice for families who suspect a loved one is being preyed upon.

Beware Mysterious Mark is a Radio Sidney production. This project is funded in part by the Government of Canada's New Horizons for Seniors Program.

Show notes, episode transcripts and resources: mark.radiosidney.ca

Contact: info@radiosidney.ca

Transcript

SPEAKER_01 0:03

Welcome to Beware Mysterious Mark. This ten-part series is a harrowing, true account of elder financial abuse. Some of what you'll hear may be unsettling. That's intentional. Because this can happen to anyone, your parent, your partner, your friend. Our goal is to expose how these schemes work, reveal the warning signs, and help you stop it before it happens to someone you love. So listen closely. Awareness is your first line of defense. In episode four of Beware Mysterious Mark, Mark compelled Bert and Brooke into buying a home that Mark and Donna would share with Bert. Then a concerned RCMP constable took center stage. And now here's episode five, titled Mark Doesn't Have a Dime. And our storyteller, Nancy Miles.

SPEAKER_00 0:53

In the late afternoon of December 18th, 2019, Brooke pulled up beside the RCMP cruiser, waiting in her dad's driveway. An officer stepped towards her, calling himself Constable Fredericks. He introduced his young partner and asked to come inside. Brooke later described Fredericks as polite and calm in his approach to her dad. Bert was initially civil during some back and forth pleasantries. That changed when Constable Fredericks suggested there were many community services available to Bert should he need any assistance.

SPEAKER_04 1:46

Brooke's been very good to me, but I don't want to live with her. He doesn't want any money. Do you think he wants to move in with you? No, that that's off the table. I I do want to be looked after and I like them.

SPEAKER_02 2:09

I'm here, Mr. Cooper, because I'm concerned, and I have a reason to be concerned. When I get one anonymous phone call saying something about someone, I make a note. But when five people call, then I do my own research. I'm concerned. If you let someone move in here, you will be amazed how difficult it is to get them out. It would require lawyers. They may only come when you need them, but they will want to stay, and your daughter won't be able to get them out.

SPEAKER_04 2:36

Oh he lives in a little place and and he's happy there. He doesn't want money because he has a serious illness. It will cost him one hundred and forty thousand dollars a year in medical expenses if he had more income. Is that a camera on the mantle, Mr. Cooper? Yes. I asked Mark to put it in because I I don't lock the door and and I might have a fall. May I see it?

SPEAKER_02 3:15

Yes. It's recording sound and video.

SPEAKER_07 3:18

Oh my God. I thought it was just a camera.

SPEAKER_02 3:21

It doesn't work anyway.

SPEAKER_04 3:24

They're vicious. Who is Mr. Cooper? Those people who who phoned you to complain.

SPEAKER_07 3:30

Dad. Those people care about you. I've got to tell you, Constable Fredericks, this man, Mark, is dishonest. He told my partner and me he was a lawyer. A BC prosecutor for ten.

SPEAKER_04 3:43

That's not true. He he never said that. He represented someone in court. He never said he was a lawyer.

SPEAKER_07 3:50

Yes, he did.

SPEAKER_04 3:51

He never did.

SPEAKER_02 3:52

Mr. Cooper. I see you wear the wrist alert band. That's really good protection. If you have a fall or need us, we're less than five minutes away. This camera's not what you need. It's nice people are concerned enough about you to call in. They've got your best interests at heart. They have nothing at stake here. Here's my card, Mr. Cooper. Let's shake on it and promise me you won't give anyone your money.

SPEAKER_00 4:21

Constable Fredericks actually walked Brooke out of the tense situation to her car. He encouraged her to ask Bert's family doctor to write a letter to Bert's bank. As he left, Fredericks told her he knew how difficult the situation was, and that he was going to do some more research. Finally, Frederick suggested Brooke send him details of what's been happening. Brooke was tired when she came home and couldn't recall the entire conversation.

SPEAKER_07 4:55

Constable Fredericks was so good.

SPEAKER_00 5:10

Wow. Man, I can't believe the cops were there. That's huge. Oh, I wish I knew the names of the five people that complained.

SPEAKER_07 5:21

Oh it's such a shame, you know. Dad was in a lovely mood. Felt like the good old days. And then this had to happen.

SPEAKER_00 5:31

I know, Hun, but this is a good thing. Others have noticed Mark's undue influence over your dad, and they've actually reported it to the police. Says a lot about our community. Think Constable Fredericks might be able to help. The constable came through with flying colors, galvanizing a variety of support services. Less than 24 hours later, a representative named Tyler Sands from the public guardian and trustee called Brooke. After asking her many questions about her dad's mental, physical, and financial situations, Tyler encouraged Brook to ask Dr. Coupard to write a letter for Bert's bank, indicating that Bert was unable to handle his finances and legal affairs. Brook tried to make an appointment with Dr. Koupard, but she was on holiday. The following day, Jennifer, an occupational therapist from the local health authority, called, asking all the same questions. Agreed with the PGT rep regarding seeking a letter from Dr. Kupart. She told Brooke that she had recently met with Bert and given him some tests. She mentioned that Bert told her Mark was sweet and nice, and that Bert planned to give money to Donna so Mark wouldn't have to report it on his taxes. She ended by saying she was going to speak with Constable Fredericks. A couple of hours later, Jason, the social worker involved in Burt's first geriatric assessment, phoned. He told Brooke that he had already spoken with Dr. Koupar and that she had arranged for Burt to undergo a second geriatric psychological examination in late January 2020. We were gobsmacked by how quickly Constable Fredericks had marshaled the local support services and encouraged by the sudden flurry of concerned professional attention. We hoped for a weekend without drama. Unfortunately, our relation was short-lived. Brooke picked up the phone on Saturday afternoon. It was her dad. His voice was cold with anger. What transpired lasted over 30 minutes. So allow me to take you through the highlights.

SPEAKER_04 8:07

Brooke, Mark wants you to apologize to the police. You told the policeman that he lied about being a lawyer.

SPEAKER_07 8:14

No, I didn't. I told him Mark said he was a BC prosecutor for ten years.

SPEAKER_05 8:21

He did not. I never said that.

SPEAKER_07 8:23

Yes, you did, Mark. You told Nancy and me about your history. How you lived in Prince George, and you boasted that you were a BC prosecutor for ten years.

SPEAKER_05 8:37

Well, I have to stop you right there. I never said I was a BC prosecutor, because that's not true. I could substantiate the fact that I was in BC Supreme Court acting on behalf of a client in a prosecutorial manner.

SPEAKER_07 8:51

You didn't say that to us, Mark. The phrase was you were a prosecutor.

SPEAKER_05 8:56

Well, I'm not gonna split hairs with you.

SPEAKER_07 8:58

It's not splitting hairs. It's a huge difference between what you were saying and that what you're saying now. Nothing could make me happier than for my dad to live with somebody I know and trust who has his best interests. I don't believe you're that man.

SPEAKER_05 9:15

You don't trust me?

SPEAKER_07 9:16

Why should I? Too many lies, Mark.

SPEAKER_05 9:21

You know, I don't think this conversation is serving any purpose except to justify in your mind, you don't trust me. You know what? I don't think I have to justify to you my actions.

SPEAKER_07 9:33

Well, you do. If you're going to take over my dad's life, and you are trying to control him.

SPEAKER_05 9:40

Excuse me, but um not trying to do anything. We have a natural affection for one another, and if you had the affection towards your father that I think he should have, you'd be happy with his consent with his relationship he has with me.

SPEAKER_07 9:55

I would be happy if I could trust you all. I do. And I believe you're manipulating him.

SPEAKER_05 10:05

It's a man-hate thing. I'm not sure. You know, your poor dad couldn't make a decision about anything without Diane and your permission. He was under your thumb.

SPEAKER_07 10:14

Oh, that's not true.

SPEAKER_05 10:16

He felt, and when he got over the grieving process, I saw your dad become alive. He was like a bird let out of a cage.

SPEAKER_07 10:25

Oh, he was never under our thumbs. A few years ago, Dad told Nancy that you asked him, who wore the pants in the family? You know what Dad said, Mark? He said, We're partners.

SPEAKER_05 10:40

I've been very neutral with regards to my relationship with Albert. I've never interfered with him.

SPEAKER_07 10:46

Well, I'm sorry. But Dad knows all about your rental and how worried you were.

SPEAKER_05 10:52

Excuse me, but anything he knows is what I've told him and what I've shared with him, because that's the kind of trust we have.

SPEAKER_07 11:00

Well, why is he then so terribly worried that you're going to lose your place?

SPEAKER_05 11:06

What that's his own perception.

SPEAKER_07 11:11

Really? Dad's coming up with all that worry on his own? You didn't feed him that information?

SPEAKER_05 11:19

No, not at all. You're making an assumption. Do you know what an assumption is?

SPEAKER_07 11:25

I do. What about the finances you were going to put into this house and you were going to buy with Dad? You said you had funds, and yet a few days later, Dad said, Mark doesn't have a dime.

SPEAKER_05 11:39

Well, there's a difference between having funds and having funds available.

SPEAKER_07 11:44

When you're talking about putting money into property that you're about to buy, you either have funds or you don't. Look, as I said, Mark, you play these silly little mind games. You twist the truth to suit you. Mom had you figured out early on. She didn't trust you.

SPEAKER_05 12:04

I loved your mother.

SPEAKER_07 12:05

I don't care how you felt about my mother. She did not like you.

SPEAKER_05 12:11

Oh, no. She didn't initially. You know, you could win an Oscar with this performance.

SPEAKER_07 12:17

Pardon me?

SPEAKER_05 12:18

I'm sorry you're being so sensitive about things that have no bearing whatsoever on the truth.

SPEAKER_07 12:23

Well, here's the truth. You won't move in to care for Dad without a 10-year rent-free guarantee. Well, we have explored all options. Well, if you really care about dad, why not move in with him and take your chances, like most people will do? He would pay you fairly. But no, you want to take down the fireplace. Want a container box. You want to rewire the house. You want to change the heat system, Dad told me. I can't control Mark. I can't control him. Why would Dad say that to me?

SPEAKER_05 12:57

I don't know. Did he say that to you?

SPEAKER_07 13:00

He absolutely did.

SPEAKER_05 13:03

Albert. Brooke says I control you. Do I? Probably.

SPEAKER_07 13:11

You are a controlling person, Mark. I've seen it many different ways. You're you're taking over Dad's life.

SPEAKER_05 13:20

Albert! I've taken over your life. Is that correct? No. He doesn't believe that. And you know what I do believe? The last time you came over and you blew up, I was shocked.

SPEAKER_07 13:38

Because you lied to me, Mark. I don't like people who lie to me. You looked at me and you lied straight to my face. I really have a problem with that. And you've done it so many times.

SPEAKER_00 13:56

To this day, Brooke is stunned that her dad would assume that she could lie to the police, and that Mark would pressure her dad to ask Brooke to apologize to the police for lying to them about Mark. I mean, what sort of worm of a man does that? I was so proud of Brooke, I felt like I might burst and so angry at Mark and Bert, I felt like I might commit double murder. Constable Fredericks and Brooke corresponded a couple of times by email over January 2020. In the same month, Bert told Brooke that Donna has had a hard life. Two deadbeat husbands, one abusive, before meeting Mark. And she had been attacked and suffered a serious head injury in the early 90s. Mark told Bert, who told Brooke, that Donna had won a $2 million lawsuit against her teenage assailants. But Donna chose not to collect because she didn't want to burden the teenager's parents who were on welfare. We didn't believe it. But I admit, at the time, we didn't investigate. Throughout 2019, we began to have suspicions of Donna's complicitness in Mark's strategy to get a house out of Bert. Months ago, Brooke and I were sickened when Mark told us Donna tickled and cuddled Bert, and that 95-year-old Bert giggled in response. That was so not like Bert. In addition, Donna's role in Bert's life changed dramatically following Diane's death. Though working full-time, Donna now spent her leisure hours with Bert and Mark. Of course, the suggestion to change Bert's power of attorney to Donna alarmed us. The POA role is profoundly important, and I would think most people in Donna's position would want Bert's and Brooks' approval before accepting. The fact that Donna kept this secret was very disturbing. And as the months went by, it became obvious Bert had a huge crush on the 57-year-old wife of his best friend. In fact, in August of 2019, we found a birthday card with something like Donna scrawled on it, open on Bert's kitchen table. You may recall that Bert's hands tremble so violently, he's incapable of penmanship. Next to the card were pages of Foolscap stained with Bert's unreadable attempts to write All My Love Bert. This was particularly hurtful to Brooke, as she couldn't recall her dad personally signing one of her birthday cards in decades. Donna's power over Bert suddenly and dramatically came into focus in mid-January. Again, our friend Vicki was Johnny on the Poplar Hill spot. This time, she phoned to relate another remarkable incident involving Brooke's dad. Brooke pressed the speaker button just in time.

SPEAKER_06 17:34

That horrible woman. Vicki, what woman? Don't interrupt me, darling, or I'll forget it. Just let me get it out. Okay. Brooke, listen, I was just at your father's finishing up, rushing, wanted to get home because of this terrible snowstorm. And she called. Who called? Don't talk. I answered the phone. It was Donna wanting your father. He's in the family room. I could hear him. He said, Oh, hello, darling. Then your father listened for a bit and said, No, I don't want to go out. He listened some more and said no several more times. Finally, he said, Oh, Donna, why do I love you so? Then he sank down in his chair and mumbled to himself, I don't want to do this a couple of times. He was wretched. Oh, wait, wait, he called her right back. Your father actually phoned that woman up and said, No, Donna, I really don't want to go. I don't want to take the car out. Then he listened to her for quite a while and said no a few more times. Then finally he said, Oh, all right, Donna. I'll come and get you and we'll have a nice cup of tea. And that was it. Sorry, darling, I had to leave. So I don't know what happened. I just hope he's alright.

SPEAKER_07 18:45

Donna pressured Dad to drive in this weather? Just to pick her up and have a cup of tea?

SPEAKER_06 18:50

Exactly. Roads as slippery as all get out.

SPEAKER_07 18:54

Dad shouldn't be driving. But I guess when it comes to Donna, he'll do anything.

SPEAKER_06 19:00

Well, I'll tell you what I'm gonna do, darling. I'm gonna write this Constable Fredericks of yours all about it. Gotta go.

unknown 19:06

Okay.

SPEAKER_00 19:08

Bert and Brooke had their first meeting with Dr. Becker, another psychiatrist with the local health authority. Social worker Jason attended. Brooke reports that the conversation was uneventful, with one humorous and notable comment from her dad. Dr. Becker had asked Bert, do you buy houses for your other friends? No, cried Bert vehemently, bringing hidden smiles to all. What was eventful occurred immediately afterwards. Brooke found it so profound it was seared into her memory. She told me that as Bert was leaving, he said something dreadful, heard by both her and Jason. Brooke was devastated. But as they walked back to the car, Bert was happily chatting about how easy and unstressful the meeting was and how he liked Dr. Becker.

SPEAKER_07 20:07

Here you go, Dad You know your last statement was very telling, Dad.

SPEAKER_04 20:32

What was that?

SPEAKER_07 20:33

You said you never liked me.

SPEAKER_04 20:37

I never said that How could you ever think I'd say that?

SPEAKER_07 20:42

You did say it. You said I've never been fond of Brooke.

SPEAKER_04 20:47

I meant Nancy. Nancy, not you, dear.

SPEAKER_00 20:52

By the time they had driven halfway home, Bert was already talking about swapping houses again. Brooke said she barely recalled driving, so struck by her dad's heartfelt reaction. For him to cry and grab her by the arms, this was the most emotional display of love that Brooke had ever experienced from her dad. In late January, while Brooke was driving her dad on an errand, Bert mentioned that Constable Fredericks had visited him again.

SPEAKER_04 21:26

The policeman said he had something on Mark, but he wouldn't say what. I phoned Mark to tell him he was terribly upset and threatened to sue the police for defamation of character.

SPEAKER_00 21:38

That was Bert's entire account. Though astonished, Brooke didn't press for more, believing that was pretty well the extent of the conversation. A day or two later, Constable Fredericks emailed Brooke with his version of his exchange with her dad. In a condensed form, Fredericks wrote

SPEAKER_02 22:00

Miss Cooper. I visited with your father for about an hour yesterday. He appeared quite open and honest. He would like to see you move into his house while he was alive to see it, and he would like to move into your little house in the hopes Mark could have it after he passes. Your father stated he has no intention of giving Mark money. He talked about changing his POA and having his neighbor take it over. He noted you had done a great deal to help him, but he feels that you have had enough. I did stress that he should have you involved any time he sees a lawyer, but he didn't want to. I urged him to get multiple opinions prior to making any important decisions. I stressed trusting one person with important decisions would likely be an error. He listened, but still plans to move forward with some extreme changes to his present situation. I impressed upon him that he should take it easy and enjoy himself, but he feels an overwhelming sense of concern for Mark's present living situation. Luckily, he stated repeatedly that he would not have Mark move in to his current house. I said it would be next to impossible to get Mark out once allowed to live there.

SPEAKER_00 23:14

Brooke and I poured over Constable Frederick's email. We were impressed by how much he understood of the situation and how much he tried to convey his concerns to Bert.

SPEAKER_07 23:27

I can't believe Dad summarized an hour-long conversation with Constable Fredericks in under 60 seconds. I mean Constable Frederick said so many sensible things. It's just like the last time, Nance. He just won't hear any of it.

SPEAKER_00 23:43

I know. Except when it touched on his precious friend. And do you really think the RCMP has anything on Mark?

SPEAKER_07 23:53

I have no idea. But I'm losing trust in Dad's version of things.

SPEAKER_00 23:57

My mind's spinning with the possibilities, and I'm dying to know.

SPEAKER_01 24:05

Our dramatization continues in the next episode. But now we explore today's theme. Just how unregulated the most powerful document in your life, your power of attorney, really is, and what families can do when they suspect a loved one is being preyed upon. Nathan Spahling is a lawyer and registered social service worker, founder of the Capacity Clinic.

SPEAKER_03 24:26

The power of attorney, or the personal director, or the representation agreement, there are lots of different names uh across Canada, depending on which province you're in. But because this is the document that's used when you're at your most vulnerable, it has to give somebody the authority to be able to make all of these different types of decisions on your behalf. And and if you think this is the person I'm entrusting to be able to act in the best interest of my well-being, you you can't possibly be talking about a more important document while a person's alive. And the wild part from my perspective is imagine imagine I was talking to you about being able to download a driver's license from the internet. And imagine you could have that you know license signed by two people. Imagine that license did not have to be you know registered with any provincial government or territorial government. Um and imagine that driver's license didn't even have to have a picture on it. Well, you would look at me and you would say, you've completely lost the plot, Nathan. What are you talking about? Of course we need to have safeguards protecting who can drive and who can't beyond what you're just describing. But the state of how powers of attorney and uh uh uh enduring power of attorney, power of attorney for property are are currently being uh uh regulated is that same person with those same safeguards, no picture, no registration, um signed by two people that not all the time can be even confirmed, they can sell that car, they can sell the house that the car is parked at, and they can potentially access the funds from the sale of the house in the car. Now, now this is not just about money, this is about where you live, what type of care you're gonna be having, and and really impacting almost every facet of the life. Yeah, there's there's a lot of good options that people can have, but there's limitations in what uh what people uh uh the options people can have will even do. So, you know, number one, the advice for family members, um the the actual uh action you're taking, the concern, it doesn't start at the time that somebody can't remember where they put their keys or the check that they wrote last week. The concern has to start at the planning stages. More transparency around who's expected to monitor this, who's expected to participate in this, is really what's needed here. Because people just don't have the training necessarily to be able to say, I'm going to respond to this concern because it's legitimate. So often it's it's actually at a point where the vulnerability is so great that that somebody could have been taken advantage of for quite a while. Um but if you are in that spot, uh certainly I would say, you know, the the police are one option. Uh there are uh the public guardian offices are are another option. Um but definitely the legal professionals across Canada, you know, hiring uh you know specialized uh uh professionals can definitely help. The reason that I'm I'm somewhat partial to uh hiring uh legal professionals in this context, especially if you're concerned and the person's not cooperating and all the wheels feel like they're falling off the wagon, is because you need somebody to act in your best interest so that the investigation actually gets some fruitful information so you can be informed. Am I going to take one type of action or another? Not every single case is going to be a situation where somebody is, you know, preying on a vulnerable person, but at the same time, there's so much lack of information and training that that it's difficult to really know that yourselves. And I would say this is one of the cracks in the system that we've seen so much of.

SPEAKER_01 29:14

Today's episode featured the voices of Susan Anderson as Nancy, Andy Dawson Reed as Bert, Richard Makowitz as RCMP Constable Fredericks, Susan Wilkie as Brooke, Jason Stevens as Mark, and Mary Knox as Vicky. This is a production of Radio Sydney, with support from the Government of Canada's New Horizons program for seniors. The series was produced by Bill Collins, written by Nancy Miles and Brooke Cooper. Dramatization was directed by Matt Watson with sound engineering by Bill Collins. I'm Barry Bowman. Please join us again.