Woman Who Had Power Of Attorney Is Sentenced To More Than Nine Years In Prison For Elderly Abuse
Pearl I. Westmoreland, 79, has been sentenced to spend over nine years in person for exploiting an elderly person. Westmoreland was also found guilty of aggravated white-collar crime and money laundering. In addition to 110 months in prison, she has been ordered to make a restitution of over $218,000 to the victim’s estate. She also must reimburse the state of Florida for prosecution and investigation costs.
Westmoreland is accused of stealing from her elderly victim and using his assets for her personal use. The victim was a nursing home resident who used to live in a trailer park belonging to Westmoreland. He signed a power of attorney document with the expectation that she would take care of him.
After he signed over his power of attorney, Westmoreland transferred $200,000 that belonged to him into her accounts. She understated the assets when she filed an application for Medicaid benefits for him, defrauding Florida’s Medicaid program of over $61,000.
A Power of Attorney is a legal instrument that gives one’s legal authority to another person. The person given power of attorney becomes the agent. Legal powers given to an agent can include:
· The authority to sell or buy real estate for you, the principal (the person who executes the power of attorney).
· Oversee and manage your property or other assets.
· Handle your finances, transactions, and investments.
You can also appoint a Durable Power of Attorney for Health Care who can act on your behalf regarding medical decisions, should you ever become incapacitated.
It is important when giving someone power of attorney to choose someone whom you can trust, such as a relative, a close friend, or a professional. The powers that you are giving your agent can greatly affect your financial affairs and your life, and you want to make sure that you appoint someone who will not abuse the powers that you’ve given them and will act in your best interests. Although the agent you appoint will have the power to act in your behalf, as long as you are able to do so, you can direct your agent regarding what you would like them to do for you.
An agent must act in your best interests and avoid acting in their best interests in matters involving your appointment. They must keep their finances and assets separate from yours and keep detailed records of any activities that they perform for you. They also have to be able to account for any funds and properties related to your estate.
A power of attorney can be revoked by you at any time.
Sagaria Law, P.C. is an estate planning law firm located in Monterey, Fremont, and San Jose that services clients in Alameda County, Monterey County, and Santa Clara County, including the cities of Los Gatos, Menlo Park, Fremont, Oakland, San Jose, and Foster City. We represent clients in power of attorney, power of appointment, living trust, living will, and other estate planning matters. Contact Sagaria Law, P.C. today for your free consultation.
Woman Sentenced For Elderly Abuse, PNJ.com, February 14, 2007
Related Web Resources:
Power of Attorney, Probate Court, Superior Court of California, County of Santa Clara
Power of Attorney, Nolo
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