Jail time for fraudulent daughter

Linda was living in a nursing home and relied on her daughter, Michelle, to manage her finances as her attorney under an Enduring Power of Attorney. In response to a request from a concerned family member, we investigated allegations that Michelle wasn’t paying her mother’s nursing home fees and was using her money in ways that benefited herself instead of her mother.

The investigation found both allegations to be true and we suspended Michelle’s financial powers as attorney for Linda for a period of three months. We also submitted an application to the Queensland Civil and Administrative Tribunal (QCAT) to appoint of an administrator to manage Linda’s finances in the long term.

We referred Michelle’s conduct to the Queensland Police Service’s Fraud Unit which charged Michelle with one count of fraud – ‘dishonest application of property of another’. She was found guilty and sentenced to 18 months’ imprisonment, to be suspended after three months. She was also ordered to repay more than $25,000 to Linda.