Manitoba health-care aide accused of taking 'unfair advantage' of dying man

A Manitoba woman is suing a health-care aide and the health authority she works for, accusing her of exploiting a romantic relationship with her dying brother-in-law to cash in. 

An aide working for Southern Health-Santé Sud entered a romantic relationship with the man months before his death from brain cancer last year and she took advantage of the situation for her own gain, a statement of claim filed in Portage la Prairie Court of King's Bench alleges. 

The lawsuit's plaintiff acted as the power of attorney for both the man and his wife until their deaths and is the executor of the man's estate. She declined to comment when approached by CBC, which is not naming her or the aide as the claims have not been tested in court. 

The lawsuit claims that from June to December 2023, the health care aide got from the man a Toyota Tundra truck worth more than $60,000, a ring made out of gold, diamond and tanzanite and "various sums of money."

"In receiving the items … the defendant took unfair advantage of his vulnerable physical, emotional and psychological state, and his dependence upon the defendant," the document said.

The man started receiving home care a few weeks after the death of his wife, who also had cancer, the lawsuit said. 

After her May 2023 death, the man was in a "fragile state," and his physical and cognitive health had declined to the point he could no longer take care of himself, the lawsuit said. 

The plaintiff claims she repeatedly expressed concerns with Southern Health about the aide's unethical conduct and asked for her removal.

The plaintiff says she told Southern Health about "inappropriate conversations" the aide had with the man about the possibility of remarrying and that she asked about the value of his home, according to the lawsuit. 

The plaintiff alleges the aide also told the man the other aides' care was inadequate, leading to them refusing to let other workers care for him or letting them into his home.

"Fiduciary caregivers … are obligated to avoid putting themselves in a position where their own interests are prioritized over the person to whom they are providing care," the claim said.

The aide was unjustly enriched and the man's estate has been deprived, the lawsuit said. 

The plaintiff is seeking, among other things, the return of all money and items the aide obtained from her brother, a declaration she unjustly enriched herself, and any additional damages as determined in court.

As for Southern Heath, the plaintiff claims the authority breached its duty of care to the man and was negligent in its provision of services. It is vicariously liable for the conduct of the health-care aide, the lawsuit claims. 

No statement of defence has been filed and no trial dates have been set in the case.