October 22, 2005
THE CIRCLE OF LIFE
Son jailed for not caring for aging father (Tracey Tyler, Toronto Star, October 22nd, 2005)
Arnold Peterson's apartment was filled with cockroaches. The cupboards were bare and a dead dog was found inside. At 84, Peterson, who was in the early stages of Alzheimer's disease, often wandered the neighbourhood in dirty, baggy clothes, never seeming to shower or shave.According to his children, Peterson was also fiercely independent and adamant he would not enter a nursing home.
Though they took steps to obtain power of attorney over his personal care and finances, they went no further to address his deteriorating health.
Yesterday, the Ontario Court of Appeal sent Peterson's son, Dennis Peterson, to jail for six months for failing to provide "the necessaries of life" to his aging father, who occupied the main floor and basement of his son's house near Toronto's High Park.
A child in charge of a parent who refuses to accept care is obligated to seek help from a community agency, the court said, adding it is no defence for a child to say their parent will not co-operate with their plans.
It's believed to be the first time in Canada an adult child has been jailed for failing to care for a parent. The case has wide implications for children turned into caregivers for aging mothers and fathers and "raises troubling issues for society," Terry Hawtin, Dennis Peterson's lawyer, said yesterday.
It looks like the Boomers, who lived for themselves and taught their children to do likewise, are starting to have second thoughts.
Posted by Peter Burnet at October 22, 2005 7:38 AMSo he's detained for not calling the authorities, who would have come and detained his father.
Now both of them have gone into the bag.
Posted by: ZF at October 22, 2005 10:02 AMHe voluntarily took on the responsibilities by acquiring that power of attorney. If he later found he was incapable of handling those responsibilities, he has a duty to relinquish them to someone who can handle them, not just ignore the problems. Whether the state is better or worse in handling those responsibilities, or wheter the state has driven out all the other options, has nothing to do with this case.
Posted by: Raoul Ortega at October 22, 2005 3:14 PMRaoul is quite right about the power of attorney having created responsibilities for the attorney-in-fact.
POA's are frequently abused by children caring for aged parents to loot the elderly person's estate to the prejudice of not only the parent but to the prejudice of other heirs or legatees.
It would be interesting to know how the POA was actually used in the reported case and if any of the victim's income or assets were converted.
Ironically, the first thing the looter tells the victims is, "Hey, I was taking care of him (or her), I deserved it."
The matter certainly does raise "troubling issues for society.
Posted by: Lou Gots at October 23, 2005 6:25 PMI am glad I live in Ohio. My mother will eventually get me in that kind of trouble.
Posted by: Robert Schwartz at October 24, 2005 9:42 PM