Latest news with #powerofattorney
Daily Mail
4 days ago
- Daily Mail
Spared jail, architect who stole £160k from sister with dementia to fund holidays and dental work
A greedy businessman embezzled more than £160,000 from his sister and splashed out on holidays and private dental work. David Bell stole the cash from dementia sufferer Janet Mann after he and his wife had been given power of attorney over her affairs. The 67-year-old architect splashed out in exclusive stores, on beauty therapy, dental work and holidays in Cuba and the US. Bell pleaded guilty at Edinburgh Sheriff Court last month to embezzling £160,998 while acting in the capacity of power of attorney between April 24, 2012 and January 15, 2020. His wife, Elizabeth Bell, 73, had a not guilty plea accepted. Bell returned to the dock for sentencing yesterday when solicitor Dan Cameron, defending, said his client was in a position to repay the embezzled cash. Sheriff Fergus Thomson told Bell: 'You were in a position of trust in respect of this lady and you embezzled funds. But withstanding what has been said and that you are a first offender and you are willing to repay these funds I am persuaded by a narrow margin there is an alternative to custody here.' Bell was placed on a community payback order and must carry out 225 hours of unpaid work. The sheriff also imposed a compensation order requiring Bell, from Edinburgh, to repay the cash within a year. Prosecutor Eilidh Grant told the court Ms Mann had returned to Scotland after living abroad following the death of her husband in 2011. She was later diagnosed with dementia and Bell and his wife were given 'full control' over her assets and bank accounts. Ms Mann, described as 'a rather wealthy individual with a large number of assets', moved into a care home before later relocating to a nursing home in Edinburgh. The court heard Bell subsequently asked Edinburgh City Council for assistance in paying for his sister's care in 2018. An investigation was conducted by council officials due to 'concerns over the management of her [Ms Mann's] estate'. Ms Grant said the investigation had found the 'spending had not been for her benefit but for the benefit of the accused' and the couple were 'found to be unfit to be power of attorney'. The couple 'surrendered the power of attorney' in December 2019 and the case was then passed on to Police Scotland. The fiscal said one account had seen 'a significant turnover in funds' with £976,151.61 being transferred out and over £1million transferred in' between October 2012 and April 2018. The court heard the probe had found £50,000 had been transferred to Bell's business account and a further £8000 had been paid into another of his accounts. Bell had used a second account to make payments to 'Costco, Arnold Clark, John Lewis, Debenhams, Jenners, for beauty therapy and dental work'. Ms Grant said '£25,000 had been identified for holidays, restaurants and purchases abroad' as well as ATM cash withdrawals in Cuba, USA and Europe.' She added: 'In addition other lump sum payments of over £6000 were paid directly into an account belonging to Mr Bell.' Bell is listed as a director with Fouin and Bell Architects, The Earthy School Project, Hopefield Partnerships Ltd, Fouin and Bell Energy Ltd and Zephyr Wind Energy (UK) Ltd.
Yahoo
23-05-2025
- Yahoo
Harmony woman accused of financially exploiting vulnerable adult out of over $86K
May 22—PRESTON, Minn. — A Harmony woman has been accused of withdrawing and transferring more than $86,000 into her personal bank accounts from the bank account of a vulnerable adult. Kisa Lyn O'Connor, 46, was charged in Fillmore County District Court with 18 counts of financial exploitation of a vulnerable adult, according to court documents filed on Thursday, May 22. Beginning in February 2024, the Fillmore County Sheriff's Office received reports from the Minnesota Adult Abuse Reporting Center (MAARC) that indicated concerns that O'Connor was "mishandling or misappropriating" the adult's finances. O'Connor was the power of attorney for the adult. According to the criminal complaint, a report in February 2024 revealed that O'Connor attempted to withdraw $100,000 from the victim's account. One of the victim's family members, who was previously one of the adult's powers of attorney, spoke with Fillmore County investigators and alleged O'Connor cashed in everything the victim had, including her retirement, pension and savings, after the family sold the victim's home. The family member told police O'Connor had been removing the victim's funds from the bank account and putting them in a safe inside O'Connor's home. According to the complaint, O'Connor took the victim to see a lawyer and made the victim deem O'Connor as the sole power of attorney and executor/personal representative on the victim's will. The victim was diagnosed with dementia in 2023, and medical records indicated that she was not able to "make major decisions, sign agreements or handle her own finances at the time funds were taken by O'Connor." From Nov. 4, 2023, through Feb. 20, 2025, O'Connor issued the withdrawal of more than $278,800. At least $86,800 was withdrawn in cash or transferred to O'Connor's bank account, according to the complaint. When Fillmore County investigators contacted O'Connor on Oct. 29, 2024, she told them she took out a $14,000 prepayment for seven months of expenses because the victim was living with her. According to the complaint, O'Connor said she and the former power of attorney decided $2,000 per month would be the payment to care for the victim. On Oct. 31, 2024, a Fillmore County Adult Protection Social Worker and an investigator followed up with O'Connor at her residence. O'Connor said she and her family had an agreement on the terms. She also said she withdrew $24,000 in cash from the victim's account the week prior. O'Connor returned the money to the victim's account after the investigator told her to. "During her time as victim's caretaker, it is alleged that O'Connor failed to use victim's financial resources for victim's benefit or lawful purposes," the complaint said. "Instead, it is alleged that O'Connor used victim's funds and resources for the benefit of herself or someone other than victim."
Telegraph
21-05-2025
- Business
- Telegraph
I have power of attorney, now what?
Taking on the role of power of attorney for a loved one can be tough – if you need to act on their behalf it will mean that person no longer has the capacity to make decisions for themselves. But by understanding your role and responsibilities, you can at least make things a little easier for all parties. Helen Strong, lead solicitor in the private client department at law firm BTTJ, said: 'A lasting power of attorney (LPA) is a legal document that allows a person to appoint someone, an 'attorney', to make decisions on their behalf if they become unable to do so.' One or more trusted persons, such as family members or friends, can be nominated. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This can be done at any time. Here, Telegraph Money explains what you need to do after taking on the responsibility of power of attorney. Responsibilities as an attorney Should you need to act on behalf of the donor – that is, the person who appointed you as their attorney – there are a number of responsibilities you'll be taking on. These include: Being able to demonstrate that the donor consents to you acting on their behalf. Making choices about the donor's healthcare arrangements, or staying on top of their day-to-day finances. Stepping in if the donor is at risk of being a victim of scammers. Taking action if you need to use the donor's assets to help pay for their care. The most important thing you must keep in mind as an attorney is your duty to protect the wishes of the donor throughout their lifetime. Heledd Wyn, a TEP (trust and estate practitioner) and partner at Rothley Law, said: 'You have to act in the best interests of the person who has appointed you. You must also have regard for the Mental Capacity Act 2005.' You can read more about what's involved in being an attorney at Ms Wyn added: 'It is important people understand their responsibilities as attorneys, and that they keep records of transactions, such as everything they have spent money on – and why.' Your responsibilities may vary depending on which type of LPA you have been granted – there are two, and you may have been appointed to cover both. Health and welfare power of attorney This type of LPA enables an attorney to make decisions about health, personal and medical matters. It can be very wide-ranging: It covers aspects of day-to-day life, such as where a patient lives, what they eat, how they dress and who can visit them. It can cover decisions about their medical treatment, dental and optical care. It can even include matters of life and death, such as issuing 'do not resuscitate' orders. Ms Strong said: 'Anyone taking out a health and welfare LPA can decide to give their attorneys the power to consent or refuse 'life-sustaining' medical treatment.' Note that this LPA only takes effect once the donor has lost mental capacity or cannot express their own wishes and feelings. It must be correctly registered with the OPG before an attorney can use it. Property and financial affairs power of attorney This type of LPA allows an attorney to make a range of decisions about the donor's finances. This might include: Managing bank accounts. Paying bills. Collecting their pension. Buying and selling property, or renting it. Making investment decisions. Unlike a health and welfare LPA, this type can be used, or 'triggered', as soon as it's registered, provided the donor has given their permission. This is the case even if the donor still has capacity. Ms Strong said: 'A property and financial affairs LPA can either be used immediately – or when the donor no longer has the ability to make financial decisions.' It is down to the donor to specify this. Who to notify that you are an attorney If the LPA is being used to make decisions about the donor's finances or property, you may want to notify certain relevant parties, such as: The donor's bank. Their mortgage provider. Their landlord. If you're using the LPA when making choices about the donor's health and welfare, you may need to notify: The individual's friends and family. Their doctor and other health-care staff. Their care workers, social workers or other social-care staff. How long power of attorney lasts Once an LPA has been registered with the OPG, it then lasts indefinitely, unless one of the following happens: The donor dies. The donor chooses to revoke it (they must still have mental capacity at this time). The attorney becomes incapable (if they lose mental capacity, pass away or choose to no longer act on behalf of the donor). Assuming none of these things happen, a person's LPA will continue to operate, with you, as the appointed attorney, making decisions as required. Ms Wyn said: 'An LPA usually lasts until the donor passes away or revokes it. If the attorney dies before them – and there are no replacements named – the donor must inform the OPG.' The donor must then choose someone else to be an attorney, providing they have the capacity to do so. This will mean setting up a new LPA. Ms Wyn added: 'The donor can also decide to revoke their LPA if they change their mind for any reason. Further, the OPG may cancel an LPA if someone has mis-used it.' This last point highlights just how important it is to choose the right attorney who can be trusted to make good decisions.
Daily Mail
17-05-2025
- Entertainment
- Daily Mail
Bianca Censori shows off new look as she goes nearly topless in fishnet bra during wild outing with Kanye West
Bianca Censori debuted a sort of Jane of the Jungle look as she was spotted shopping with husband Kanye West on Saturday. The couple, who seem to be on some kind of working vacation in Mallorca, Spain, were spotted visiting the booths of an outdoor market. Censori, 30, wandered from stall to stall wearing a black fish net bra top with her nipples in full view, along with a pair of black bikini bottoms with a long black loin cloth. Her long, dark hair was styled straight with long, thick bangs that seemed to cover most of her eyes behind her dark sunglasses. She seemed to be enjoying a frozen treat. West, 47, strayed somewhat from his usual all black ensemble, opting for a pair of jeans with a hoodie with Army written on it. Her long, dark hair was styled straight with long, thick bangs that seemed to cover most of her eyes behind her dark sunglasses The rapper also donned dark shades in the bright Spanish sunshine. Censori's sister, Angelina, 29, appeared to be with them on the outing. She looked relaxed in a black sundress and her dark hair was pulled back into a chignon. Fellow shoppers seemed to be non-plussed by the couple's appearance even though the rapper had security on hand to make sure they were safe. Although there have been concerns about how much control West has over Censori's appearance and actions, In Touch Weekly has reported the Grammy winner has given his wife power-of-attorney over some business decisions. The information came forward as part of a lawsuit filed against West by former Donda Academy employee Benjamin Provo for discrimination and wrongful termination. In an effort to obtained documents, the former security guard said he was told about the power-of-attorney designation, but the Violent Crimes rapper refused to turn over a document entitled 'Designation of Agency,' which shows what Censori has power over, without a protective order in place. Benjamin is asking that the rapper be fined $2,610 for not complying with his request and wants the court to order the All Falls Down artist to turn over the documents immediately. Fellow shoppers seemed to be non-plussed by the couple's appearance even though the rapper had security on hand to make sure they were safe; (seen on R in February) His attorneys also argue that since West introduced the power-of-attorney information, a protective document is not necessary. In his lawsuit, Benjamin, who said he also provided security for West's Sunday Service and at another business, claimed he noticed that Black employees were treated differently than those who were white. 'While Kanye was polite and attentive to his non-Black counterparts, Kanye was always abrupt, abrasive and demeaning of [Benjamin] and his Black counterparts,' the suit alleges. Benjamin claimed he was pressured by West and others to cut off his dreadlocks, which he said he wears due to his Muslim faith and was fired after he refused.
Yahoo
17-05-2025
- Entertainment
- Yahoo
Kanye West Assigns Wife Bianca Censori as His Power of Attorney Amid Legal Troubles
Kanye West assigned his wife, Bianca Censori, as his power of attorney, which can give someone power to execute business deals and manage a person's personal life decisions, In Touch can exclusively report. According to court documents obtained by In Touch, Benjamin Provo, whose 2024 lawsuit accuses Ye, 47, and his company of discrimination and wrongful termination, dropped the bombshell about Bianca, 30. For weeks, Benjamin has claimed he has been struggling to obtain documents he requested from Ye and his team. He said during the back and forth, Ye revealed Bianca is his power-of-attorney and serves as his agent. Ye said he would turn over a document entitled "Designation of Agency," which shows what Bianca has power over, but not without a protective order in place. The musician's lawyer noted the document was, "Confidential in nature and shall not be used, disclosed, or disseminated for any purpose outside of this proceeding, except as expressly permitted by law or further order of the Court. Responding Party reserves all rights to seek further protective measures if necessary to prevent misuse or improper disclosure." In a recent filing, Benjamin scoffed at the idea a protective order was needed for him to view the document. Benjamin said Ye put the existence of the power-of-attorney form at issue, 'and thus must produce it or else provide verifications to prior discovery responses signed by himself.' Last month, Benjamin served Ye with four requests for documents to prove Bianca was Ye's power-of-attorney. Benjamin said Ye has failed to produce any documents regarding Bianca. His lawyer argued, 'It was never made clear exactly why Defendant would require a protective order to produce proof of a power-of-attorney form that they themselves put at issue.' In his motion, Benjamin asked that Ye be sanctioned to the tune of $2,610 for failing to turn over the documents. He also asked that the musician be ordered to produce the requested documents immediately. As In Touch first reported, Ye was without a lawyer for several months late last year into early this year, despite being a defendant in several lawsuits. He recently hired a new attorney, Eduardo Martorell, after his previous lawyer withdrew from the case. In his lawsuit, Benjamin claimed he was hired to work as a security guard at Ye's Donda Academy in Los Angeles. He said he was later given duties at Ye's Sunday Service and at another one of the entertainer's businesses. He said over time he noticed Ye's Black employees being treated differently than his white employees. Benjamin's lawsuit said, 'He noticed a stark difference in how Ye treated '[Benjamin] and other Black employees, in relation to his non-Black counterparts.' The suit continued, 'While Kanye was polite and attentive to his non-Black counterparts, Kanye was always abrupt, abrasive and demeaning of [Benjamin] and his Black counterparts.' Benjamin claimed Ye and others pressured him to cut off his dreadlocks, which he said he wears due to his Muslim faith. He said he was terminated after refusing to comply with the demand. Ye and his company denied all allegations of wrongdoing. 'The alleged conduct of Defendants was at all times undertaken in the good-faith exercise of a legitimate business purpose,' Ye's lawyer argued. His attorney continued, 'Defendants are informed and believe, and based on such information and belief allege that Defendants were justified in doing any and/or all of the acts alleged in the Complaint.' As In Touch first reported, Ye was ordered to be deposed in the case after months of delay. In addition, Bianca will be grilled under oath as well. Ye is scheduled to be deposed later this month in L.A.
