Expert Charlotte Salomon

Please send us a note leaving contact details if you have been affected by elder financial abuse.In this special bonus episode of Beware the Mysterious Mark, producer Bill Collins sits down with Victoria lawyer Charlotte Salomon of Infinity Law, a board member of the Estate Planning Council of Victoria, for an in-depth conversation about the legal machinery that surrounds, and sometimes fails to protect, older adults facing financial exploitation.Drawing on three decades of practice in wills, estates, and incapacity planning, Charlotte walks listeners through the documents, institutions, and legal grey areas that sit at the heart of Bert's story. Across the conversation, she explores six key areas:Powers of Attorney. What an enduring power of attorney actually does, why lawyers often hold these documents in safekeeping until specific conditions are met, and how a second lawyer, unaware of the full picture, can be persuaded to draft a new POA that quietly revokes the first.Capacity. The crucial distinction between medical and legal capacity, why the two tests are not interchangeable, and what it means when an older adult is deemed vulnerable but still capable of making their own decisions.The Public Guardian and Trustee. When committeeship becomes an option, how families can apply to the court for protection when no power of attorney exists, and the real costs involved in bringing the PGT into the picture.Police involvement. When contacting the RCMP is appropriate, the value of a wellness check, and what to do when an older adult is being isolated from family, friends, or their own doctor.Title transfers and undue influence. The safeguards built into BC's Wills, Estates and Succession Act (WESA), how challenges to a will can be brought even before probate, and why estate litigation has become one of the fastest-growing areas of law.Practical advice. The team approach to prevention: keeping the lawyer, the doctor, and a trusted contact person all on the same page, and the community resources, including BC's seniors' supports and the Canadian Centre for Decision-Making Capacity, that families can turn to.Charlotte is candid about the limits of the law in this space. Confidentiality protects clients, but it also shields those who would do them harm. Capacity is messy. And the bright line we wish existed between "capable" and "incapable" simply isn't there.For anyone who has listened to Bert and Brooke's story and wondered what could have been done differently, this conversation is essential listening.The information shared in this episode is for general awareness only and does not constitute legal advice. Listeners with specific concerns should consult a qualified lawyer about their own circumstances.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.caContact: [email protected]