An elderly woman’s bank account vanished under the watch of a trusted attorney. Two doctors declared her incompetent, but her family says the real issue was financial exploitation. Now they’re battling to reclaim hundreds of thousands of dollars and question how such abuse can be stopped.
When Trust Turns to Theft
Donna Manning was 82 when she died in 2015. Her family only found out she was in hospital after she passed away. The woman they'd always trusted to look after her — a family friend named Kathleen Penner — had quietly taken over her finances and legal affairs. Penner held power of attorney and was named executor of Donna’s will. But instead of protecting her, the family alleges Penner spent more than $170,000 of Donna’s money on plane tickets, jewellery and holidays.
Donna’s niece, Glenda Manning, described the shock when she discovered how much money had disappeared. “I was flabbergasted when I saw all of this,” she said. The family had believed Donna had less than $1,000 in her bank account after she died. In reality, Penner had drained most of her funds in the last two years of her life.
Penner has denied wrongdoing, claiming Donna wanted her to have the money. But the family’s court battle culminated in a 2023 judgment in Manitoba’s Court of King’s Bench ordering Penner to repay the money. Still, the family says they’re struggling to enforce the ruling. They want others to know how easy it's for elders to be exploited by those meant to care for them.
The Role of Medical Declarations and Legal Power
Another angle complicating these cases is when doctors declare seniors incompetent. Two unrelated physicians can assess an elderly person and, based on limited or rushed evaluations, label them incapable of managing their affairs.
This can hand over control to an attorney or executor — sometimes someone with questionable motives.
That's exactly what happened with Donna. The family was sidelined while Penner gained full control. When an elderly person loses legal capacity, safeguards should ideally kick in. But the system often leaves loopholes for those appointed to abuse their power.
In an alarming example, Coliene Moore, a 69-year-old woman in Illinois, was convicted and sentenced to prison for stealing more than $600,000 from her elderly aunt and mother. The theft unfolded over months, with Moore exploiting her caretaker role and manipulating friends and coworkers to lend her money she never repaid. Her case shows the scale of financial abuse possible when trust is broken.
Why Are Seniors Vulnerable?
Financial abuse of seniors is a huge problem worldwide, and it often happens in secret. As people age, they can lose cognitive abilities or become physically weaker, which makes it tough for them to keep track of their money. Family members might live far away or be unaware of sudden changes in bank accounts or legal documents.
Plus, perpetrators often have close access — as trusted friends, relatives or caregivers. They may manipulate or isolate the elder, making detection difficult. And the legal process to challenge abuse can be slow and costly, leaving families frustrated.
In Donna’s case, the family didn’t even know she was hospitalised for three days. The only person by her side was Penner, who never informed them. After Donna’s death, Penner collected $5,000 from the estate as allowed by the will but allegedly took far more through unauthorised transactions. The family says they wish they’d checked in more often.
What Can Families Do to Protect Loved Ones?
Experts suggest regular monitoring of bank accounts and legal documents is vital. Families should maintain open communication with elderly relatives and involve multiple trusted parties in financial decisions where possible.
Legal safeguards might include appointing co-attorneys or requiring dual signatories for withdrawals. Some recommend independent audits of estate executors, especially if large sums are involved. And medical declarations of incompetency should be carefully scrutinised to avoid misuse.
In Australia, elder financial abuse is increasingly recognised as a serious crime. The Australian Law Reform Commission and various advocacy groups call for stronger protections and easier reporting mechanisms. Still, many cases go unreported due to shame or fear.
Getting back stolen money can be a long and difficult process. In Illinois, Moore’s victims faced years of legal wrangling before she was sentenced in 2023.
She was ordered to pay $636,000 in restitution, but the full amount and any additional culprits remain under investigation. Families often face the painful reality that financial abuse can continue unchecked for years.
“Something has to be done about elders being taken advantage of,” Glenda Manning said. Her words echo a broader call for awareness and reform.
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For families watching over elderly relatives, vigilance is key. But the legal and medical systems also need to tighten safeguards to stop trusted individuals from exploiting seniors. Until then, stories like Donna Manning’s serve as stark warnings about the risks hidden behind power of attorney and medical declarations of incompetence.
This article was created with AI assistance.
