Man sentenced for using power of attorney to defraud uncle aged in his 80s living in a nursing home
A Portadown man has today been convicted and sentenced for exploiting an elderly relative.
Rodger Magee, 54, was convicted of fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position at Craigavon Crown Court.
He was given a 12-month jail sentence, suspended for two years, said police in a statement this evening.
He had access to his relative’s pension and savings while he was admitted to a nursing home in Portadown after suffering health problems.
His relative was aged in his late 80s at the time, and has since died. Police have not named him.
Concerns over the elderly man’s finances were investigated by the health trust in 2019, because nursing home fees totalling almost £3,500 were unpaid.
Magee had enduring power of attorney for his uncle and had undertaken to make these payments from his uncle’s accounts.
Detective Inspector Peter MacCionaoith of PSNI Organised Crime Branch said: “This became a police matter in June 2020 when it was also discovered that there were unauthorised withdrawals from the man’s bank accounts and a failure to disclose full details of his income which had resulted in the nursing home fees being calculated at a lower rate.
“These bank statements revealed that there were in excess of £15,000 in unexplained debits from this bank account between June 1, 2018 and February 19, 2020.”
Magee had also moved into his uncle’s former home and had been using his relative’s bank account to pay for oil and electricity.
Detective Inspector MacCionaoith concluded: “Being granted power of attorney is a major, legal responsibility and one which should be undertaken with care and consideration.
“In this case, this man was trusted by his family member to act in his best interests and manage his finances when he was at his most vulnerable.
"He failed to honour this trust and exploited his uncle’s finances to his own gain.
“Our priority within the PSNI is to safeguard vulnerable people in our communities.
"If you have any concerns on how a power of attorney is being used or misused, please call us on 101. We will listen and we will act.
"Any abuse of that trust will be treated with the utmost seriousness and, as this case shows, may result in a criminal conviction.”