Man found guilty of exploiting elderly aunt ordered to pay back $225K

Quebec's Human Rights Tribunal has ordered a man to pay his elderly aunt — a Holocaust survivor with dementia — $235,000 after ruling he financially exploited her while he held power of attorney.

In a decision earlier this month, the tribunal found Charles Finkelstein drained the bank accounts of his aunt, 95-year-old Iona Davidovitz, for his own benefit.

The Quebec Human Rights Commission acted on Davidovitz's behalf at the tribunal after the abuse was flagged by one of her friends.

"These cases are always heartbreaking, but since this was a Holocaust survivor, and she'd lost everything during the Second World War, let's just say that this one really broke everyone's heart here," the commission's chair, Philippe-André Tessier, told CBC Tuesday.

Used Mercedes among nephew's purchases

Court documents say Davidovitz, who was born in Romania and spent time in a concentration camp before eventually coming to Canada in 1955 and settling in Montreal.

She had no children of her own and signed over power of attorney to Finkelstein in 2010, when her health began to deteriorate.

In the fall of 2010, Davidovitz asked Finkelstein to come with her to Florida where she had a condominium, so he could help care for her. They stayed until May 2011.

It was during this time that Finkelstein began using money from her bank accounts for his own personal needs.

Court documents show Finkelstein used his aunt's money to buy himself a used Mercedes for $31,000. He claimed the car was used primarily for helping his aunt get around, but the tribunal ruled if that was the case, Finkelstein should have purchased the car in his aunt's name.

A friend of Davidovitz's in Miami became suspicious after the car was purchased and notified police there.

After lengthy court proceedings, Finkelstein's brother in Ontario gained power of attorney for his aunt's affairs, and Quebec's Human Rights Commission began investigating.

Victim's dignity compromised

Tessier said the fact that the alleged abuses happened in the U.S. and involved complicated financial transactions made the investigation difficult, but he said the final result means it was worthwhile.

"Finkelstein took advantage of his position of strength to divert large sums of money against the interests of his aunt," the tribunal ruled.

"Taking over his aunt's assets without her consent when she was vulnerable not only impoverished her, but compromised her dignity."

Finkelstein has been ordered to reimburse his aunt $225,000 and an additional $10,000 in moral and punitive damages.

Elder abuse on the rise

Tessier said if someone suspects a friend or relative in Quebec is being exploited financially, the best thing to do is to call the government's elder abuse hotline at 1-888-489-2287.

He said such cases are on the increase, with 230 complaints to the commission in 2018 compared with 164 in 2017.

This case serves as a cautionary tale for families managing the money of elderly relatives, Tessier said.

"Everything has to be out there in the open amongst family members. If there are important purchases to be made, make sure that these are known and explained to the other members of the family," he said.

"Truthful, constant and clear communication among family members is always the best tool to prevent these kinds of situations."