The Estate House

RCMP Burial Dispute Part II

A couple of months ago, I  posted about the dispute between Kelly Johnston, widow of Leo Johnston, who was one of the RCMP officers murdered at Mayerthorpe in March 2005, and Constable Johnston's family over where he should be interred.  Cst. Johnston - who died without a will - was originally buried near his family's home in Lac la Biche, AB, but Kelly would like to move his body to the cemetery at the RCMP depot in Regina.   

Kelly Johnston, as administrator of her husband's estate, received permission from Alberta Vital Statistics to move the body in early summer, but the Johnston family petitioned the court to stop the removal.  While it was originally scheduled to be heard in court on July 25, it went before the Court yesterday.  Justice Denny Thomas has reserved his decision, but advised that it would be issued shortly.

As I mentioned in my previous post, administrators (whether they are appointed by the court or executors named in a will) have traditionally been held legally responsible for the proper burial of the deceased, even if their actions were contrary to the deceased's wishes.   As far as my reading of the law goes, this should be a decision in favor of Kelly Johnston, no questions asked, but seeing as we weren't privy to the actual arguments that the Court heard, we will have to wait for Justice Thomas' decision to know for sure. 

Heli Munroe is Coming Home!

I have blogged on the Helena Munroe matter here and here.  As a brief summary, Heli (as she is known), an Alzheimer's patient, was taken out of the country by family relatives in November 2005.  Although her husband, Sandy, held an Enduring Power of Attorney granted by Heli, his attempts to get his wife back to Nova Scotia were futile...until now.

I was pleased to read in the National Post today that Heli is on her way home.  The courts in Nova Scotia upheld Sandy's power of attorney in 2006 and the Canadian High Commission eventually located Heli in a mental institution in her native England.  However, before Britain would allow Sandy to bring his wife back to Nova Scotia, he had to undergo an investigation by a panel designed to protect the interests of vulnerable adults.  Last week they gave him the go-ahead to bring Heli home. 

Sandy Munroe, while pleased to have his wife back, is understandably frustrated with the length of time this process has taken.  He is also upset that his wife's brother will not be charged with abduction.  It has been a wake up call for vulnerable adults and their families across Canada that even an Enduring Power of Attorney may not protect you.  It's a situation that must change.

The Decision to Drive...Or Not.

You might recall hearing about a horrible accident in Abbotsford, B.C. last month, where a 71-year-old man drove his truck into a group of people getting ready for a wedding celebration, killing six people and injuring 17.  Apparently the group was walking in the middle of the dark, unlit country road when the driver crested a hill and, for whatever reason, didn't see them in time to prevent the tragedy.

The exact circumstances of the accident are for the police to figure out.  However, some people are focusing on what they believe to the major underlying factor: the driver's age.

Exactly when an individual should stop driving is a very emotional subject.  Families might know that it is time for their loved one to give up the keys - for everyone's safety - but it is very difficult for elderly persons to give up one of their last vestiges of independence. 

In Alberta, anyone over the age of 75 must submit a medical report when renewing their driver's license.   That's fine for individuals who still have their faculties, but what can families do in situations where Mom or Dad no longer has the capability to make that decision on their own?

The first thing to do would be to take the elderly person in question to a physician to do a preliminary investigation.  Depending on the outcome of that consultation, the physician may refer the potential driver to undergo further tests.  DriveABLE is a network of driving assessment centres across North America that provide objective tests developed through years of research to determine whether someone should still be driving. 

If the situation is getting serious, you should inquire whether a Personal Directive needs to be activated or whether an application for Guardianship is in order.   The powers found in the Personal Directive or Guardianship order usually allow the Agent or Guardian to make this decision on the donor/dependent adult's behalf.

While your family member will probably be quite upset with you for trying to have their license taken away, remember that it is for everyone's safety that he or she stay off the road.   It would also be a good idea to be prepared for chauffeur duty.   

Update on Cemetery Dispute

A few months ago, I posted about a labour dispute at Montreal's Notre-dame-des-Neiges Cemetery that was preventing hundreds of burials.

Apparently, after 47 (!) rounds of negotiations, management and the workers have finally reached a resolution.  However, they anticipate that it will take months to clear the backlog of burials. 

I wonder, are those families who couldn't bury their loved ones going to be allowed to have graveside services at times of their choosing?  Who is going to be responsible for paying the costs of storing these bodies over the summer months?