Son guilty of elder abuse and theft

Mother forced to live in squalor and flilth while he used money for drugs

A son who helped himself to his elderly mother’s bank account to buy drugs while the 94-year-old lived in squalor and filth will return to court in June to learn his fate.

“He failed in his legal obligation to act in the best interests of his mother,” assistant Crown attorney

Graeme Leach said in an Ontario Court of Justice in Welland on Friday after Joseph Ermacora pleaded guilty to theft over $5,000 and failing to provide the necessities of life. The 58-year-old is scheduled to be sentenced June 13 before Judge Tory Colvin.

Court heard Ermacora’s mother had diminished cognitive and physical abilities and was being cared for by his sister in the family home in Welland. Her daughter passed away unexpectedly in July 2017 and a family friend was to be granted power of attorney. Five days after his sister’s death, however, the defendant took his mother to a lawyer where she appointed him as her legal guardian.

The woman, who was confined to a wheelchair, gave her son her bank card and PIN number so he could purchase food and other essentials for the home.

The victim wasn’t aware that Ermacora was making daily withdrawals to support his drug addiction.

Over a 12-week period, court heard, the balance of one of her accounts went from more than $43,000 to $150.

In October 2017, Niagara Regional Police were called to the home for welfare check after a woman called

police to report a disturbing incident she had witnessed at a local bank.

She told police she had observed Ermacora being “verbally aggressive” to his mother and demanding she withdraw money. She said the interaction lasted 20 minutes.

Around the same time, court

was told, Ermacora’s estranged spouse also called police to express concern for her mother-inlaw’s well being as well as how her estate was being handled.

When police arrived at the home, they heard moaning coming from the residence. The victim was in bed calling out for her son.

Leach said the interior of the home was in a complete state of disarray.

“Each room was unkempt and

dirty,” he told the judge.

The electricity had been shut off due to lack of payment. The temperature in Welland that day was 12 C.

Ermacora, together with three other people, were passed out in the basement. Used and packaged syringes were found in the basement.

Also found downstairs, court was told, were piles of dirty laundry which appeared to be “rotting” on the floor.

“The only food police could find in the home was some soda crackers and moldy hot dog buns,” Leach said.

The woman was removed from the home and briefly admitted to hospital. She was about to be discharged and moved into a senior’s home when she died in November 2017.

Court heard there is no proof the poor care she received from her son attributed to her death.