THUNDER BAY - A Thunder Bay woman who acted as power of attorney for an elderly neighbour with dementia has pleaded guilty to a charge after admitting to accepting what she called ‘gifts’ of more than $330,000.
Kristina Munson, 48, appeared before Justice Danial Newton in a Thunder Bay Courtroom on Tuesday, where she pleaded guilty to one count of theft by power of attorney.
According to the agreed statement of facts, in March 2020, a branch manager at a local bank notified police regarding suspected abusive power of attorney actions relating to the complainant.
An investigation was launched by the Thunder Bay Police Service that revealed the complainant appointed Munson as her power of attorney in August 2019.
Munson had been a neighbour of the complainant for approximately five years and assisted her at her house. The complainant did not have any living family members at the time.
The investigation revealed that 12 days after Munson was appointed power of attorney, she attended the bank and made two transfers, one of $250,000 to herself and a second one of $195,000 to a distant family member living in the United States.
Shortly after the transfers, the complainant was admitted to the Thunder Bay Regional Health Sciences Centre and she was diagnosed with dementia and Alzheimer’s disease.
Despite her power of attorney stipulating that she was not to be admitted to long-term care, the complainant began residing at a long-term care home in the city.
The complainant’s residence was then occupied by a family member of Munson who did not pay rent, utilities, or taxes, as the funds were automatically withdrawn from the complainant’s bank account.
Munson was interviewed by police in April 2020 and presented copies of the power of attorney for the complainant as it related to property and personal care, as well as a copy of the last will.
Munson was not able to provide any receipts for transactions on the accounts but made mention of monetary gifts to her by the complainant.
Sher also said some of the withdrawals were for renovations to the complainant’s property.
Police met with the complainant several times, and during one interview, when she was lucid and aware of who the investigators were, she said she was under the assumption that her residence had been sold. When police informed her it was not, she expressed an interest in returning home.
The Office of the Public Guardian Trustee took over guardianship of the complainant and provided police with the transaction history of her accounts.
After Munson took over power of attorney, numerous other transactions were recorded, including 21 ATM withdrawals totalling $21,000, large retail purchases worth $12,846, four e-transfers to Munson worth $12,000, and an additional $17,000 withdrawal.
Other transactions included $62,470 in miscellaneous withdrawals, 37 other ATM withdrawals worth $37,000, four interbranch withdrawals worth more than $13,000, and 35 retail purchases totalling more than $12,000.
In January 2021, Munson’s power of attorney was terminated. A judge in a civil case determined Munson failed to prove the money given to her by the complainant were gifts, and she was ordered to repay $334,289.
In July 2021, Munson was charged with one count of theft over $5,000 and one count of theft by power of attorney.
The complainant passed away in the summer of 2023.
A joint submission on sentence was presented to Newton calling for six months in custody to be followed by three years probation, during which Munson is not to hold power of attorney or be involved in any probate or administration of a will for any individual other than immediate family members.
Newton accepted the joint recommendation on sentence and noted that Munson’s past as a paralegal is an aggravating factor in this case.
“She should have known in circumstances such as this in dealing with an elderly woman who is vulnerable because of Alzheimer’s disease, one must be extremely careful and not cause themselves to benefit,” he said.
Newton also noted that the courts are seeing far too many similar cases relating to power-of-attorney abusing elderly and vulnerable individuals.
“On the civil side, what was once a rare occurrence is now a commonplace occurrence,” he said. “A jail sentence is required. Not only for specific deterrence, but general deterrence, and a point must be made that society will not tolerate the victimization of old people through power of attorney or wills.”
