Brooke, I Want You To Have This House

Bert tells Brooke he wants her to have Poplar Hill, the family home her mother left her, and offers a deal: remove his name from the deed if Brooke does the same with their joint banking account. Brooke can hear Mark's voice in every twist of the conversation. Then Mark and Donna attempt to access Bert's bank accounts directly, prompting urgent calls from the bank manager. The family hires a new lawyer. The professionals all see what's happening; legally, they're powerless to stop it. Featured experts: geriatrician Dr. Josh Budlovski on how a multidisciplinary team gathers around a vulnerable patient in a hospital, and Nathan Spaling on what happens to that protective network the moment the patient is discharged and walks into a bank or a law office.

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

0:09

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 five of Beware Mysterious Mark, RCMP Constable Fredericks initiated a second capability assessment as Bert and Vicky overheard Donna exploiting the elderly man. Now here is episode six, titled Brooke, I Want You to Have This House with our storyteller, Nancy Miles. The month of February 2020 was jam-packed. On February 4th, social worker Jason and occupational therapist Jennifer phoned Brooke with a follow-up to the first appointment with Dr. Becker. Jason began offering perceptive observations and advice. Mark's perfectly comfortable with bending or breaking the truth to influence your father. Emotionally, your father has quite an attachment to Mark and Donna that defies a logical rebuttal. This could be attributed to confirmation bias, you know, when one accepts facts that support their overall feeling or opinion and rejects those that contradict them. Things around finances when talking with your dad seem to get heated. When we delved into it a little bit with Dr. Becker, it was like ripping the scab off. Therefore, I really discourage sitting down with your dad and having a point-by-point conversation about red flags. Okay. I wouldn't make it about Mark and Donna. Instead, say to your dad, I want to be there to help you with making decisions. I want to stay involved. I respect your decision making. Even if you don't. Okay. Remember when Dr. Becker asked your father, who are the people you trust these days to help you, support you with your decision making? And he said, Mark and honor. I remember. So that puts them in a powerful position, right? Now, if your father was totally incapable, you could take a paternalistic view where you might be able to get full guardianship for. But he's not that impaired. So you're handle. What are you thinking? There's an awareness of vulnerability here. We're just not sure where it's going. We need to look for any cognitive or functional changes. For example, your father's ability to care for himself. You know, like the activities of daily living, things that may show he's declining. Fundamentally, the police officer's done his job in trying to point out the red flags to your father. You know what I mean. That's true. And if Brooke hasn't processed that, and I don't know that he has, that's really as good as it gets to have a police officer try to warn you. And Brooke, when you hear your father flip-flopping ideas, I would feed back gently, not in a conflict way. Instead, like Dad, I hear what you're saying, but to be honest, you said a number of times that it might not be a good idea to buy a house. Does this make sense? Yeah, I think so. It's reasonable in your situation to find your boundaries in a supportive, loving way. So, like, say, I love you, Dad. I want to support you. I'm here to help you, you know, with paying bills and other issues. But I can't support investing in and buying a house I don't agree with. And just leave it at that. Even though it was comforting to have these two professionals share their opinions and advice, we were very confused by what we saw as a contradiction. Bert was considered capable of financial decision making, but Bert's decision making was definitely inconsistent and compromised. We were forced to remember that legally a person's autonomy must be protected, and everyone is free to make their own decisions, for good or ill. Welcome to our biggest obstacle, possibly even bigger than Mark himself, the challenge to determine a person's degree of cognitive impairment when unduly influenced by a greedy narcissist. Really, it's nigh on impossible because we were learning it wasn't feasible to distinguish between Bert's own thought processes and those thrust upon him by his very own sociopath, Mark Marshall. On February 13th, Brooke and her dad have a heart-to-heart about his power of attorney. I'd like to continue to be your power of attorney. I want you to be. Okay, thank you. Because it's important for me to do it. And you did it damn well for mum. But I thought you'd had enough of it. No. I'm sure you won't chaffed me or think I'm too old and I should be in a home. No, Dad. I wouldn't do that. I hope you know. Yes. Whatever you want, I will try and make it happen. About this time, our family lawyer, John Spencer, advised us that he was planning to retire. We were very disappointed. We liked John and valued his wise counsel. So when he recommended Simon Hillsborough, another local family lawyer, we were grateful. We met Simon in his office, armed with a pile of notes. Though shocked by our evidence and experiences, Simon quickly absorbed our initial information. He advised Brooke to try to maintain a friendly relationship with her father. Simon also planned to put what he called a ticker on the title to Poplar Hill in the Land Registry office. If any changes were made to the ownership of Poplar Hill, Simon's office would be immediately informed. Man, this was a brilliant move. So, the system was kicking in big time. There are a lot of professionals trying to assess Bert's situation and to protect him and his assets. But as you'll hear, Mark's sneaky maneuvers just keep rolling on. Brooke called her dad on February 22nd. Surprisingly, their conversation was warm and pleasant, with Bert offering one encouraging statement. I told Mark and Donna I'm going to stop here until I'm probably too ill to move. I'm quite happy here. I'll stay here until you want to come in. That's good, Dad, long as you're happy. Three days later, while Bert and Brooke drove together to their second meeting with Dr. Becker, Bert floored Brooke by saying Mark and I went to see another house in Orca Bay. Did you? Yeah, on Arthur. We spent an hour going through it. Mark was checking everything out. Oh yeah. I've just seen that new listing. Mm-mm. Looked a little rough. You had an appointment? Yes. Mark arranged it. Anyway, house was no good. Headstairs, and you're right. In horrible condition. Nice real estate man, though. From Australia. See what I mean? Obviously, Bert told Mark he was happy to remain alone in Poplar Hill. And lickety split. Mark's got the shaky 95-year-old clambering up and downstairs looking to buy an obviously inappropriate house for Bert and himself. The second meeting with the assessing psychiatrist Dr. Becker on February 25th, again with O.T. Jennifer along for the ride, lasted over an hour. Brooke said the two health professionals were caring and supportive, with Dr. Becker even offering to be Bert's sounding board for big decisions. Unfortunately, Bert appeared confused by a few of Dr. Becker's questions and occasionally irritated by the pair's interest in him. A couple of days later, February 27th, Brooke received a startling call from a senior employee working in the local bank branch, where the majority of Bert's assets reside. A teller had alerted her to a disturbing visit from Mark and Bert. The visit was so significant that when Brooke informed our new lawyer Simon, he immediately organized a deposition. Simon's complete summary of the deposition meeting, held in the bank, says it all. But I'll only offer the best bits. I met with Brooke, Heather, Financial Advisor, Daniel, branch manager, and Ashley, bank teller, on March 3, 2020. The purpose was to review Ashley's evidence about Bert and Mark attending the bank on Thursday, February 27, 2020. Teller Ashley advised that the men discussed three matters with her and that Mark always spoke first. Then Bert repeated what he said. One, Mark said Bert had a letter from Brooke requesting that her name be removed from their joint accounts. Ashley advised that Brooke would have to come into the bank and do this in person. Two, Mark wanted to use his computer to access Bert's bank accounts online. Ashley suggested that Bert continue to use their telephone banking services. Three, Mark asked which of Burt's bank accounts were joint with Brooke and then requested printouts. Next, Mark said he was now Richard's POA. Ashley asked for proof. Mark handed over a new bank client application form in his own name. Ashley advised that this had no relevance to a POA. Also, the bank representatives indicated that if in the future Mark convinces Bert to sign a new power of attorney in his favor, it would take about a week to review. During that time, we'll attempt to get a letter from Dr. Becker stating that Bert is vulnerable and at risk of financial elder abuse if this POA is approved. Finally, I agree to inform and update Constable Fredericks and a local health authority. We were all astounded by Mark's brazen behavior. And by the way, Brooke had not written any letter. Brooke was especially hard hit, in shock really, to hear that her dad was so submissive to Mark and complicit in lying about her to bank employees. We both thought Mark had finally gone too far, and fully expected that he would be charged with attempted fraud by the RCMP. In the interim, we wondered if Brooke, as Bert's POA, should remove most of the money from her dad's accounts and place it in a trust account, thus no longer available for Mark's sticky fingers. Simon advised against this, suggesting this would support Mark's constant refrain that Brooke wasn't trustworthy. The local health authority wasn't best pleased with Mark's bold efforts either. The next day, Brooke received the following email from Jennifer. Hi, Brooke. We discussed the bank visit and feel the following steps would be appropriate. One, a meeting with you, Dr. Becker, Jason, and I to go over your most recent observations about your dad. Two, another visit for your dad with Dr. Becker. And three, Dr. Becker will request a second geriatric opinion on your father's capacity from another clinician. We will be in touch soon, and could we obtain a copy of Simon Hillsborough's letter summarizing your discussion with the bank? When we finally heard from Constable Fredericks, it was an epic disappointment. He explained to Brooke that although Markenbert's visit to the bank was troubling, his hands were tied. He couldn't charge Mark with attempted fraud. And why was that, you ask? Because dear old Bert was standing right beside his supposed best friend, nodding and agreeing like a brainwashed dupe, which I guess he was. Unfortunately, despite the considerable efforts by young bank teller Ashley, Mark's blitz on Bert's money didn't miss a beat. Instead, Mark just changed the tune. Believe it or not, two weeks later, on Friday the thirteenth of March, Brooke received yet another stupefying phone call. This time it was from the bank's manager, Daniel. So, Brooke, the situation is that your father's in the bank asking to have his entire U.S. trading account uh transferred over to a hang on, a Donna Hatcher. Um who is she? Oh my God. Donna is Mark's wife. Oh, now I get it. Mark Marshall's at the meeting with them. It wasn't flagged by my financial advisor because the appointment was in Donna's name. I'm just now seeing the paperwork for approval. Just a sec. That account's got about 73,000 in stocks. Now you're joined on that account. Yes, I am. So the good news is it won't go through because you're joined on the account. We're gonna have to reject it. Okay. So now my concern, of course, is that this is another attempt to take money out of that account. And it's only so long until they try to do the same. Like with the TFSA and your father's significant interest-bearing accounts. Did you say the transfer of dad's money was just to Donna? Or was it to Donna and Mark? Uh Donna. Wow. So Mark's got his wife involved here? Oh boy. I kind of thought maybe she wasn't complicit, but you have to wonder, don't you? Okay. I'm a little stunned, Daniel, but what would you suggest I do? Call Simon again? I I would call Simon. Okay, right. So how was it left, Daniel? Your father hasn't been informed as yet. I'll have my financial advisor call him Monday afternoon. Thank you, Daniel. You've you've done me a huge favor yet again. Thank you so much. I'll call Simon right now. He may be gone for the day, but I'll be back in touch on Monday if that's okay. Absolutely. I wanted you to know immediately your father's attempting to move that money. We thought this would be the tipping point, and one or both creeps would be charged with fraud. Unfortunately, Frederick's again refused. The very next day, Brooke and her dad have another protracted two-hour plus rambling conversation. Brooke hoped her dad would mention the surreptitious visits to his bank. But no. This reinforced the high degree of secrecy now happening from father to daughter. Frankly, there's no way I can provide a reasonable summary of the recording. But here are some highlights. I'm very pleased I've got Donna and Mark. Yeah. I suppose what I was thinking, I don't want to go into a home. Mark says that's what you'll do. But he's not gonna let me go. You know that would never happen, Dad. And anyway, you're not in a rush to leave Poplar Hill at the moment. Oh dear. I have a lovely house, and I'm pleased that you want it. I did think we could swap, but it it's a hell of a job. I'm thinking about changing my power of attorney. Yeah, I I've looked at it. If anything happened to you, I'd be in big trouble because I don't know what Nancy's going to say. Nancy has no say in it. When I die or become ill, you just name another power of attorney. Nancy doesn't inherit it. The power of attorney is only me. I don't mind if Nancy inherits the house. Power of attorney, though. It's very powerful, and I'd rather Donna have it. Then me then you because I feel you may be persuaded for something I really don't want. I worry about how quickly I can be outdone by a doctor. It's terrible. A doctor can say he shouldn't have done that. He's not right. Bingo, and there you go. And you're out of control, and it's absolutely terrifying. But how can Donna protect you from that when I can't? I don't understand. You, as the power of attorney, can say to a doctor, there's something wrong here, and the doctor could come in and say, Yes, I know Donna. I know she won't care if I'm dying or or if I do something wrong. She'll look after me. I really feel more closer to her than I do to you. Let's put it this way. Gosh. For that kind of responsibility. Well, then maybe the power of attorney should be a third person. I'm sorry, dear. I don't want to hurt you. I know. But I don't understand how letting Donna be the POA does anything to protect you from the law. A doctor could come along. But Donna would have to say to the doctor, I have a little bit of trouble with Butts Watsis, wouldn't she? She would have to tell the doctor to come along. I didn't tell these doctors to check you out. No? The police did that. Who did that? The police. Oh. I didn't call the police. The police contacted the local health authority and they wanted you to be assessed. Nothing to do with me. Okay, well sometimes we wonder. And Mark wonders. Yes, and Mark wonders. Yes, he does. And I think at times He's very persuasive. Yes. Very persuasive. And he's got everything on that bloody computer. It occurs to Mark because he says Brooke wants the house, and two years ago Brooke didn't want the house. So he says, now what are they trying to do? Because he looks at Nancy, doesn't look at you. I'm sorry, my dear, I didn't want didn't want this to come. Well, can you please explain to me why you don't think you have 1.1 million in assets? Well, here's the point. You have your name on the stock. Your name on the stock accounts. Yes, I do. Those two joint accounts are worth roughly five hundred thousand. Well, you have the power to claim half that money, or maybe even all of it. I don't know. I've never touched any of your money. I didn't think you would, Brooke. But someone could persuade you. Oh my. My God. It's not that, dear. But I'm so frightened of the law. Let us put it this way. I want you to have the house. I don't care what the value is or anything. I take my name off anything to do with the house. And I'll take my name off the joint stock account. Okay, dear. Good. I would hate to die, and someone says, hey, this guy, Mark, had a right to part of this house. So if I take my name right off it, they won't have anything to say, will they? Suddenly, Brooke has realized that Mark has completely shattered and sabotaged the Cooper family tradition of sharing financial assets. Now, at 96, Bert's been convinced by Mark that Brooke cannot be trusted with her dad's money. Similarly, she realized why Bert wasn't happy when she shared the Poplar Hill title with him because Mark informed him he couldn't leave it to them. The poor old guy, so bamboozled, it's painful. The power Mark has over him is terrifying. So what happens to Bert's power of attorney? His will and the title to Poplar Hill? Uh, you'll find out soon enough. Our dramatization continues in the next episode, but now we explore today's theme: the multidisciplinary team that gathers around a vulnerable senior in the hospital. And what happens to that protective net once the patient is discharged. First, geriatrician Dr. Josh Podlovsky, then Nathan Spalling of the Capacity Clinic. We work as part of a team. A geriatrician is only really as good as the team that they work with. And so we look at the sort of the medical side, and that's the geriatric medicine focus. Um, but we work with occupational therapists and social workers and physiotherapists that each have their own area of expertise and niche and ability to assess specific things or do specific assessments. And then often that will come back to the geriatrician or or whoever's doing the assessment to put these pieces together and come up with sort of a final conclusion. So when, as you brought up, a patient comes into hospital and they're just not doing well, they're brought into hospital, say, because they've had a fall or they're, you know, n again, just just uh functioning not well, they will often get an assessment by nursing and by occupational therapy and by a geriatrician. And it is the summation of those assessments that we go, okay, you know, they they're really not able to get out of bed on their own or get dressed on their own. You know, and that explains why they're wearing the same clothes sort of over and over again. Or, you know, we did a kitchen assessment with them, and geez, you know, making just making a cup of tea was was pretty difficult, or they forgot to turn off the burner at the end. These give us information about an individual's ability more so than just having a conversation, which is important, but you know, the proverbial proof is in the pudding, and so it does take a team sometimes to assess somebody appropriately. How would people approach capacity and you know help to reduce the silos? I'm going to encourage you to actually go one step farther than even just the legal professionals. The medical professionals I have found, depending on the setting, and I wouldn't say everybody's perfect in this way, but but there is more collaboration, multidisciplinary collaboration around a person's care. And and I'm not necessarily sure that that same thing applies to the assessment of capacity in that context, but it does help to meet the needs of the person from a care point of view. Where that model falls short, though, is that same person that receives this sensitive, multidisciplinary type of care in in the care context, in the hospital or health context. After they leave the hospital and they're discharged to go back to their house, they go down to the bank. They go into a law, a law office, they go change where they're gonna live. And that's where the multidisciplinary that we've seen has to include people from all of these different sectors, removing the silos of you know what risk factors we're in tune with as lawyers, or you know, as healthcare professionals, or as financial professionals, you know, asking for information to get a better sense of how do I meet the needs of this particular situation. Today's episode featured the voices of Susan Anderson as Nancy, Rick Caulfield as Jason, Susan Wilkie as Brooke, Angel Sampson as Jennifer, Andy Dawson Reed as Bert, Joe Supple as Simon, and Bill Collins as Daniel. 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. From the magnificent Mary Wynn Spear Center on the traditional territories of the Wasonich peoples in beautiful Sydney by the sea, this is Radio Sydney, bringing you local stories and fresh perspectives 24 hours a day. From our youth to our seniors, from community leaders to your neighbors next door, we share the voices that make our coastal community extraordinary. The following is an original production of Radio Sydney.