Kelowna lawyer fined $15,000 after having 101-year-old client with dementia sign paperwork

A veteran Kelowna lawyer, who changed the power of attorney for a 101-year-old woman with dementia, has been fined $15,000.

According to a June 11 BC Law Society decision, Kimberley Dawn Rule knew the 101-year-old client was suffering from dementia and would likely not know what she was signing. However, on the request of the woman’s son, the lawyer changed the woman’s power of attorney.

“(The elderly woman) was 101 years of age. She had been suffering from progressive dementia for over 10 years and, when (Rule) met with her, she was unable to communicate verbally,” the Law Society said. “Based on the facts… (she) knew or ought to have known that (the woman) lacked capacity and ought not to have acted at all following the meeting.”

The Law Society said the client was highly vulnerable and the matter involved the transfer of significant legal and financial authority.

“Two legal documents were created that would have significantly affected (the elderly woman) that (she) did not understand or request,” the Law Society said in the decision. “The nature and gravity of the misconduct is serious.”

The decision said the 101-year-old was living in a long-term care facility and was unable to communicate verbally when the elderly woman’s son contacted Rule to obtain a copy of a power of attorney that had been issued in 2007.

The son also told Rule he was concerned his sister, who also had power of attorney, was stealing money from their mother. Rule told the son that a new power of attorney could be drawn up.

In December 2022, Rule went to the care home and while aware of the woman’s dementia, proceeded to have the woman execute a new power of attorney.

“(The woman) was unable to communicate verbally during that meeting. By the end of the
meeting, the (Rule) doubted (her) capacity to retain and instruct her, or knew that (she) did not have capacity to do so,” the decision reads.

The decision said the woman was unable to sign her name and put an “indecipherable mark” where her signature ought to have been.

After leaving the care home, Rule had her doubts about whether the 101-year-old had the capacity to deal with the power of attorney, so she returned the next day with more paperwork.

The power of attorney was ultimately given to the son only.

The Law Society lists 17 steps that Rule didn’t take when having the elderly woman sign the new power of attorney.

“(The elderly woman) did not communicate instructions to her verbally or at all, so (Rule)
could not reasonably conclude that (the woman) had the capacity to instruct her,” the Law Society said.

The Law Society said Rule made no attempt to assess the woman’s capacity to understand the purpose of their meetings.

“This misconduct was not technical in nature; it involved fundamental requirements for the creation of a solicitor client relationship,” the Law Society said. “(Rule’s) actions created a real risk of harm to (the woman) and undermined the safeguards intended to protect vulnerable individuals like her.”

Rule has been practicing law since 1994 and admitted to committing professional misconduct.

In a joint submission, the lawyer suggested she pay a $15,000 fine, plus $1,000 in costs, which the Law Society accepted.

“The proposed sanction must ensure that (the lawyer) is held accountable for her conduct, deter others from similar misconduct, and maintain the public’s confidence in the ability of the Law Society to regulate the conduct of its members,” the decision reads.