Raymond McDevitt, acting as power of attorney for his 93-year-old mother Helen, was found to have misappropriated over $443,000 from her joint bank accounts.
The applicant, Mary Maureen Marttunen, also a joint power of attorney, sought an order for Raymond to pass accounts and for declarations of breach of trust and fiduciary duty.
The court found that Raymond failed to rebut the presumption of resulting trust, acted in breach of trust and fiduciary duty by taking funds for his personal benefit without consent, and ordered him to repay the misappropriated amount.
Raymond was removed as power of attorney for property and personal care, and Mary Maureen Marttunen was declared the sole attorney.
