An elderly woman’s finances vanished under suspicious circumstances after her attorney took control of her bank account. Two unrelated doctors declared her incompetent, but her family says something went wrong—and they want answers.
Power of Attorney Abuse Leaves Family Searching
Donna Manning, an 82-year-old woman from Manitoba, died in 2015. After her death, her family discovered that over $170,000 had disappeared from her accounts in the years leading up to her passing. The person in charge? Kathleen Penner, a woman the family considered a friend and who held power of attorney as well as executor of Donna’s estate.
Penner had access to Donna’s funds and used them for plane tickets, jewelry, and vacations, according to court documents. The family, blindsided by the financial drain, only learned about Donna’s hospitalization after she had been in the hospital for three days with nobody from the family by her side. Penner was the only person present.
"I was flabbergasted when I saw all of this," said Donna’s niece, Glenda Manning. The family won a court judgment against Penner in 2023 but still struggles to recover the stolen money.
Doctors Declare Competency, But Two Declare Incompetence
Adding confusion to the situation, two doctors unrelated to the family declared Donna incompetent, paving the way for Penner’s takeover of her financial affairs.
The family alleges these medical opinions were used improperly to strip Donna of control over her money.
Legal experts say that determining competency can be complex and sometimes subjective. But in cases like Donna’s, a declaration of incompetency can hand over immense control to a third party—often a family member or attorney—who may not always act in the elder’s best interest.
When Trust Breaks Down: A Pattern of Elder Financial Abuse
Donna’s case is far from isolated. Across the U.S. And Canada, seniors often fall prey to financial abuse by those they trust. Coliene Moore, from Illinois, was sentenced to four years in prison last month for stealing over $636,000 from her elderly aunt and mother. Moore’s theft spanned just a few months but left devastating losses. One coworker even lent her over $287,000 based on false promises of repayment.
Judge John Belz called Moore’s actions "a callous, cold, calculating elder abuse crime spree." The judge imposed restitution exceeding $636,000. Investigations continue to determine if more culprits or victims exist.
Cases like these illustrate the risks seniors face when financial control is handed over without enough oversight.
How Families Can Protect Loved Ones
Families need to stay vigilant. Checking in regularly on elderly relatives’ financial and medical status can prevent surprises like sudden hospitalizations or missing money. Legal safeguards such as limited power of attorney, third-party oversight, and regular audits of financial accounts are crucial.
Experts recommend involving more than one trusted individual in financial decisions to reduce the risk of abuse. Also, hospitals and care facilities should notify families promptly when seniors are admitted, a step that could have helped Donna’s family intervene earlier.
"Something has to be done about elders being taken advantage of," Glenda Manning said. The fight for justice in Donna’s case continues, and families everywhere are urged to learn from these stories.
Elder financial abuse often hides in plain sight, disguised by trust and medical judgments. Recovering lost money is a long, painful process, but families are pushing back—demanding better protections and transparency.
