The second section of the Provincial Court of Ourense sentenced a woman to three years in prison for continuously defrauding her eighty-year-old uncle, taking advantage of the cognitive impairment he suffered from. Moreover, he imposed the payment of compensation of 76,274 euros – 43,020 euros to the victim’s son and 33,254 euros to a company. The magistrates underline that the accused violated «the duties of loyalty owed to her, since, taking advantage of the relationship of trust that she had with her and her family as a direct relative of the victim, and taking advantage of her isolation, the solitude and cognitive impairment, due to the vascular dementia from which he suffered, they plotted a deception to obtain authorization and power of attorney over his bank accounts and funds, which he obtained a few days after they started living together. All this highlights, according to the sentence, “the execution of a preconceived plan, developed as he was already aware in previous years of his uncle’s progressive deterioration”.
The court considers it proven that the woman took advantage of the fact that the victim’s only son lived abroad, despite maintaining regular telephone contact with him and going to O Carballiño during holiday periods, “to inform the Social Services of the Complex University Hospital of Ourense (CHUO), at the time she was about to be discharged from the hospital, that her uncle had no family, leading him to live with her and her husband in her home, preventing him from having any contact with the father with his son, claiming to the latter that it was the father’s decision.”
“just a week after being discharged from the emergency room, the accused, taking advantage of his uncle’s vulnerable and cognitively impaired state, transferred him to a bank branch, where he signed the cancellation of a time deposit owned by the company whose sole shareholders were the father and son, for the sum of 25,000 euros”. It is understood that it has been proven that on 27 September 2019 the defendant,in order to decapitalize the aforementioned company,transferred it again to the same branch,where it signed the reimbursement of 33,254 euros on the said current account,carrying out the withdrawn amounts of his property. Likewise, on 30 September 2019, the accused, «taking advantage of the cognitive deterioration and the absence of the rest of the elderly uncle’s family, and without previously discussing it with his only son, brought him before a notary, before whom you executed public acts, one of which in which the accused was appointed prosecutor with broad powers; and, the second, where he designated her guardian in case of incapacity.
“The accused, taking advantage of her uncle’s isolation and his serious cognitive impairment, which prevented her from knowing the extent of his actions, obtained an authorization on the current account she owned, which would have allowed her to make reimbursements in cash on said account a debit card in the amount of 16,600 euros, as well as card payments in the amount of 16,942.3, amounts which the accused endorsed, it having not been proven that some of them were dedicated to the attention and care of the victim”, indicate the magistrates in the resolution, in which they recall that in June 2020, the octogenarian was hospitalized by the accused in his residence, “despite the fact that, from that date until April 2021, continuing with the intention of taking possession of the assets of the uncle, made cash withdrawals with debit card on said account for an amount of 5,850 euros, as well as card payments for an amount of 3,277.75 euros, some as sensational as the payment of 1,195 euros for a swimming pool.”
The interested party was declared incapacitated by sentence in January 2021 and his son was appointed guardian. In that sentence it was expressly agreed to revoke the powers previously granted to the victim,who died in April 2021,leaving his son as the sole heir.
What are some signs that an elder may be experiencing financial exploitation by family members?
Time.news Editor: Welcome to Time.news, where we delve into the most pressing issues of our time. Today, we’re discussing a notably troubling case that brings to light the exploitation of vulnerable individuals within our families. We’re joined by Dr. elena Vargas,a leading expert in elder law and cognitive disabilities.Dr. Vargas, thank you for being here.
Dr. Elena Vargas: thank you for having me. It’s crucial to talk about these issues.
time.news Editor: Let’s dive into this case that recently unfolded in Ourense. A woman was sentenced to three years in prison for defrauding her eighty-year-old uncle, who suffered from cognitive impairment. What are your thoughts on the legal implications of this verdict?
Dr. Elena Vargas: it’s a stark reminder of the duty we have towards our elders, particularly those who are vulnerable. The court’s decision to impose a three-year prison sentence reflects a growing recognition of the need to protect individuals who may not be able to advocate for themselves due to cognitive decline.The additional financial compensation awarded also emphasizes the duty of loyalty that family members owe to one another.
Time.news Editor: Absolutely. The amount of compensation, over 76,000 euros, is significant. How do you think this will impact not only the victim’s immediate family but also the broader community’s approach to elder care?
Dr. Elena Vargas: this case sets a precedent that can resonate widely.It sends a message that exploitation of vulnerable adults will not be tolerated, and it encourages families to reassess how they handle caregiving and financial responsibilities. It may inspire families to be more vigilant and proactive when it comes to the welfare of aging relatives, ensuring they are treated with dignity and respect.
Time.news Editor: The article points out that the defendant violated the “duties of loyalty.” Could you expand on what this means in a legal and ethical context?
Dr. Elena Vargas: Certainly. The duty of loyalty refers to the trust inherent in family relationships, particularly between those who are caregivers and those who are receiving care. Legally, this includes safeguarding the finances and well-being of the elder.Ethically, it means prioritizing thier needs above personal gain.When these duties are violated, as in this case, it not only undermines trust but also exposes the vulnerable individual to potential harm.
Time.news Editor: It’s disheartening to hear that such cases happen, especially within families. What preventative measures can be taken to shield vulnerable elderly individuals from similar exploitation?
Dr. Elena Vargas: There are several crucial steps families can take. First and foremost, dialog is key. Families should openly discuss finances and care plans, ensuring that everyone is aware of the elderly person’s needs and wishes.Additionally, involving third-party oversight can be invaluable – whether through legal guardianship or financial advisors. Education is also importent; family members must understand the signs of cognitive decline to address issues before they escalate.
Time.news Editor: Those are excellent points to consider. What role do you think community resources, like local elder care organizations, play in supporting families at risk for exploitation?
Dr. Elena Vargas: Community resources are vital. They serve as support systems and provide education about elder rights, resources for legal assistance, and connections to social services. By empowering families with knowledge and resources, these organizations can help prevent exploitation from occurring in the first place.
Time.news Editor: Dr. Vargas, thank you for offering your insights on this complex issue. Cases like the one in Ourense highlight the urgent need for awareness and protective measures for our elders.In closing, what message would you like to convey to our audience regarding the care of vulnerable family members?
Dr. elena Vargas: I would urge everyone to view elder care not as a burden but as an chance to honor and protect our loved ones. We all have a role to play in ensuring their dignity and safety. It’s essential that we build a community where accountability and compassion are at the forefront. Thank you for having me.
Time.news Editor: Thank you, Dr. Vargas. This conversation certainly sheds light on the importance of vigilance and care in our families. We hope our audience takes these lessons to heart. Until next time, stay informed and engaged.
