• 24
  • September
    2010

Many people believe that creating a power of attorney is enough to ensure the safety of their assets during life should they become incapacitated. Many times what matters most for planning documents is having an individual that can be trusted to perform the duties as asked. Usually, a close family member is chosen. But sometimes a situation can become so desperate that people are willing to put their faith in anyone who sounds trustworthy in order to change difficult circumstances back to a better time. An elderly Ohio woman who ended up in a nursing home placed her trust in woman who promised to get her out of the nursing home in exchange for the elderly woman's power of attorney. 

The 83-year-old woman began to live in a nursing home after undergoing a surgery and desperately wanted to return home. The fraudulent action began when a fellow church congregant began to visit the elderly woman in the nursing home. The woman offered the elderly woman a deal where she would take the elderly woman home and take care of her in exchange for the elderly woman's power of attorney. Like so many people that move into a nursing home because of medical conditions, she longed to return to her old way of life at home and agreed to the offer.

The woman from her church also began to live a life she longed for by using the elderly woman's assets to buy a new car, go on vacation, have plastic surgery and pay off credit cards. Before being discovered, the church congregant cheated the 83-year-old out of at least $217,000

A power of attorney is normally used when a person becomes incapacitated and control of assets and care is given to a third party. Generally, a power of attorney must be granted by someone of sound mind and at least 18 years of age and must be in writing. A new power of attorney is generally created in the same manner and usually revokes the former document. The Ohio woman's circumstances played to the heartache of a woman who wanted more than anything to return home. Though, making the change from living at home to a nursing home can be an extremely tough transition, be aware of deceitful people who want to profit from any change in circumstances.

Source: wlwt.com, "Power-of-Attorney Scheme Costs Woman Thousands," 9/23/10