Pastor Says Charges of Embezzlement, While Serving As Power of Attorney for His Aunt, Are False
A man charged with embezzling over $90,000 from his aunt says the charges against him are false. Pastor Gene W. Amason of Church Alive in Magee, Mississippi says he will not resign from the church that he cofounded with his wife and that his congregation supports him 100%.
Amason was arrested last month at his church. He has been charged with three counts of embezzlement—a $91,258.67 total. Amason claims that the agency never interviewed him before he was arrested. He was released from jail on a $60,000 bond.
The pastor says that his aunt, who has Alzheimer’s disease and lives in an assisted living facility, had given him power of attorney, but that last year, she started accusing him of stealing her money. Another relative was then given power of attorney for his aunt.
When a person (known as the principal) bestows another person with the power of attorney, they are giving that person the authority to act as their agent, known as their attorney-in-fact. Depending on the type of power of attorney that is bestowed, an attorney-in-fact may be able to make decisions regarding the principal’s heath—known as the Durable Power of Attorney for Health Care—or their finances, called the Durable Power of Attorney for Finances.
California Probate Code Section 4000-4034:
4000. This division may be cited as the Power of Attorney Law.
4001. Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act.
4010. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
4014. (a) "Attorney-in-fact" means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term.
(b) "Attorney-in-fact" includes a successor or alternate attorney-in-fact and a person delegated authority by an attorney-in-fact.
4018. "Durable power of attorney" means a power of attorney that satisfies the requirements for durability provided in Section 4124.
4022. "Power of attorney" means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable.
4026. "Principal" means a natural person who executes a power of attorney.
4030. "Springing power of attorney" means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency, including, but not limited to, the subsequent incapacity of the principal. A springing power of attorney may be a durable power of attorney or a
nondurable power of attorney.
4034. "Third person" means any person other than the principal or attorney-in-fact.
In affidavits filed against the pastor, Amason is accused of embezzling money and using it for his own purposes on February 23, 2004, while acting as her “attorney-in-fact.” Amason, however, claims that his father had power of attorney at that time and that his father was a man of integrity. He also says that he would never steal his aunt’s funds. He claims that Alzheimer’s is to blame for her accusations against him and that all of them are false.
Sagaria Law, P.C. represents clients in estate planning related-matters, including power of attorney appointments and disputes, wills, trusts, living wills, probate guardianships, and conservatorships. With our offices conveniently located in San Jose, Monterey, and Fremont, we service clients from throughout Monterey County, Alameda County, and Santa Clara County, including the cities of Cupertino, Salinas, Carmel, Oakland, and Burlingame. Your initial consultation with us is free, so contact Sagaria Law, P.C. today.
Accused Simpson Co. pastor says charge false, The Clarion-Ledger, January 31, 2007
California Probate Code: Section 4000-4034
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