When power-of-attorney goes wrong...

[Wagon Of Fury]

http://www.oregonlive.com/news/index...r_relativ.html

CN: Elderly (80+) gets throat cancer, signs over PoA to younger relatives, they sell her entire life out from under her, she recovers, theyse goin' to jail.

Shortly after two women gained power of attorney from a dying 83-year-old relative, they took all of her possessions and sold her house of 56 years, police said.

The pair pocketed the $235,000 from the house sale and cleaned out the elderly woman's bank accounts and savings, sharing the money among themselves and family members, police and prosecutors say. They also arranged and pre-paid for her funeral.

However, Evelyn Roth made an amazing recovery and had no idea what her relatives were up to.

Now the two suspects, Roth's cousin Virginia Ann Kuehn, 66, and her niece Kathleen Sue Jingling, 53, face a 35-count felony indictment charging them with first-degree criminal mistreatment, aggravated theft and first-degree theft. They've pleaded not guilty.

Roth, a sprightly white-haired woman with a ready laugh and remarkable memory, showed up at Multnomah County Circuit Court for her relatives' arraignment this week. Portland Officer Deanna Wesson, who investigates elder abuse, wheeled Roth up to the judge so she could explain what happened.

"They robbed me blind," Roth said. "Everything was for money, just to get money, money, money. That's not the way it should be."

Roth said she pursued criminal charges because she's lost her savings and all her possessions to relatives who betrayed her trust. "I think they need to be taught a lesson. ... I feel like I helped raise Virginia. That's why it hurts so bad."

Jingling's lawyer, Daniel Lorenz, said his client may have received poor advice from another attorney and is working "to put matters in as good a situation as possible." Kuehn's lawyer, Pat Birmingham, declined to comment.

Roth, a Portland native, had lived on her own in her Southeast Kelly Street house since her husband, Bob, died 26 years ago.

She had worked for 35 years as the U.S. Bank branch near Southeast Milwaukie and Powell Boulevard. She loved the job and got to know her customers well. She also taught Sunday School at the Trinity Baptist Church.

In February 2008, she fell ill. A doctor removed a cancerous growth from her esophagus. Kuehn took her to the hospital for the outpatient surgery and drove her back home. But no one ever checked on Roth after that.

The day after the surgery, Roth fell and wasn't discovered until four days later. Phillip Klein visited the house, concerned because his friend hadn't shown up for their weekly dinner date.

Police found Roth on the floor, severely dehydrated, confused and suffering from delusions. She was hospitalized for two weeks and then placed in a nursing home. Through the spring of 2008, she continued to receive radiation treatments for cancer.

On April 24, she signed over the power of attorney to Kuehn and Jingling. She remembers them wheeling her to a nearby bank to get it notarized.

"I kept insisting, 'I want to take care of my bills. I can take care of myself,'" Roth recalled. "They said, 'We have to be able to take care of you if you get sick.'"

Four days later, Kuehn and Jingling each wrote $12,000 checks to themselves out of Roth's account, Wesson said.

About the same time, Jeanine Boldt-Ginn, the daughter of one of Roth's close friends, helped her mother track Roth down. They found Roth at Care Center East and became reacquainted.

Roth's health steadily improved, surprising her doctors. By the fall 2008, Roth began hearing from her neighbors that a "For Sale" sign was up outside her home, and her relatives seemed to be cleaning it out.

Roth didn't believe it. "I said, 'Well, they can't sell it because I haven't signed anything.' I had no idea what was all going on, just what the neighbors saw."

Police said Kuehn and Jingling sold the house for $235,000 in October 2008, deposited the money into Roth's bank account and then promptly spent all of it, writing checks to themselves and other family members. They cleaned out $35,000 in her checking account and cashed her two annuities totaling $88,000.

They also cleaned out all of Roth's belongings -- her antique china and glassware collection, her silverware, the mahogany furniture her husband made, their wedding pictures, a 7-foot-tall grandfather clock.

They sold her Buick Park Avenue.

Boldt-Ginn, who remembers having Roth as her Sunday School teacher when she was 5, and her husband, Jim Ginn, worked tirelessly to help Roth unravel what had happened to her belongings. They got county adult protective services investigator Irma Mitchell-Phillips and police to investigate.

"My mom said, 'I know the Lord brought us back here so we can help you,'" Boldt-Ginn recalled.

When Wesson interviewed the accused, they said they had sold Roth's house and belongings to avoid probate. Jingling kept saying that Roth's doctors had "guaranteed us" that Roth would die, Wesson recalled.

Wesson described the suspects as cold and callous, who never showed concern for Roth's well-being.

Police, prosecutors, county investigators and others who've met Roth said they're amazed at how she kept her spirits up, despite her losses.

She said she wants to see her relatives go to jail.

"I guess I'm just a stubborn old lady."

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[StriderTB]

I hope those two old ****s rot in jail.

[aod]

Yeah, they are ****ed. There are strict things you absolutely cannot do when you have PoA and these things are exactly it. This is also why if someone says they need to help take care of you, you only give them medical PoA so they can't do this sort of thing to you.

[Brock31]

Kathleen Sue Jingling

[Protege Menace]

I hope all their **** gets taken away and they are left with nothing and must live in a shack.

[StriderTB]

Originally Posted by Protege Menace

I hope all their **** gets taken away and they are left with nothing and must live in a shack.

And I hope the shack has a leaky roof!

[SubaruPartsGirl]

Ouch! I hope Grandma get's 'em back good!!

[dmpi]

Money does strange thing to some people.

[nhluhr]

shameful.

[BacDoc]

She got better.

[hotelprowrx]

Stubborn old ***** just wouldn't die.







































. Her family is friggin terrible.

[stArs Inked]

caught trying to cash their checks before time expired.

[BacDoc]

They sold her Buick Park Avenue.

Official car of the elderly lady.

[nayeliesuncle]

Originally Posted by dmpi

Money does strange thing to some people.

Money brings out the real person.

:inb4thatswhywecanthavenicethings:

[Jessie James]

They sold her Buick Park Avenue.

I bet that was what set grandma off.

[Damn Yankee]

Originally Posted by Protege Menace

I hope all their **** gets taken away and they are left with nothing and must live in a shack.

Originally Posted by StriderTB

And I hope the shack has a leaky roof!

And RATS!!!







On a similar note; these people that say they'll fix your credit, and then ask for your PoA....yeah, they're scammers. I just worked a case where a guy got PoA, bought a house in the girl's name, and then never made a payment. He skimmed the closing costs and then rented the house collecting rent for a few months, until the house was foreclosed on.

So---not that any OTter would need it, but don't give PoA to someone to fix your credit.

[aod]

Holy ****ing ****. How is this scammer still alive? I'm sure you know better than most of us DY, people die for a lot less. Wow.

[lag]

I would be more sad that my family is that worthless over the money I lost.



I had to get PoA done when I was in the AF doing and I signed them over to my parents. The clerk that did them was always "Are you SURE you want them to have access to EVERYTHING in your life". Yes, I'd be more worried about them improving things rather than ef'ing me over. But the clerk told me some horror stories of parents ef'ing their kids over. And thinking about it, I know people that wouldn't hesitate to ef their kids over... an ex's mom being the first thing that pops to mind. Lazy, no good, do nothing, waste of my fresh air.

People are bastard coated bastards w/ bastard fillings.

[aod]

Once again, you can give medical PoA that gives someone the ability to make medical decisions for you if you are incapacitated or otherwise can't make a sound decision for yourself without giving them any access to your assets.

[Motley]

The Obama Death Panels would have made sure that the old woman died.

[Kebo]

On a slightly similar note, I used to work with annuities, mostly servicing the currently existing contracts.

A guy called in one day asking for information on a beneficiary change. His name wasn't anywhere on it, so I told him I couldn't talk to him about the annuity, and he started swearing like crazy.

Him: Let me guess, there was a change of the beneficiary within the last month.
Me: Sir, I can't tell you that since you aren't on the account.
Him: That's fine, just write down for the record that I know what he's up to. My brother scammed my parents into getting their power of attorney, and has since written me out of every will and insurance policy.

Sure enough, within days of the POA getting approved, the beneficiary was changed to remove one of the brothers.

Yikes

[Wagon Of Fury]

Originally Posted by aod

This is also why if someone says they need to help take care of you, you only give them medical PoA so they can't do this sort of thing to you.

Originally Posted by aod

Once again, you can give medical PoA that gives someone the ability to make medical decisions for you if you are incapacitated or otherwise can't make a sound decision for yourself without giving them any access to your assets.

The only flaw in your advice is if these scammy people green-light a DNR or act in an otherwise negligent way towards your overall health. Then they get your assets anyway (theoretically).

[CosmoTheCat]

She had worked for 35 years as the U.S. Bank branch near Southeast Milwaukie and Powell Boulevard.

O RLY?

[ScoobyDoobyDoo]

I'm the POA for my grandma. She had a stroke two years ago and can't speak nor walk without help. I take care of her finances which are beyond large. Those ladies should be ashamed of themselves but it sure is crazy dealing with the money my grandma has each week. Dealing with her taxes is pure hell though and don't even get me started on healthcare. She has a live-in nurse 24/7.

[aod]

Originally Posted by Wagon Of Fury

The only flaw in your advice is if these scammy people green-light a DNR or act in an otherwise negligent way towards your overall health. Then they get your assets anyway (theoretically).

If they aren't listed as beneficiaries on anything, then no, they still don't get anything even if they are negligent with your health. Not that it matters to you much at that point, but they will be less inclined to do something negligent towards your heath if they stand nothing to gain by it.