Showing posts with label power of attorney. Show all posts
Showing posts with label power of attorney. Show all posts

Sunday, August 28, 2016

Chicago priest accused of taking $500,000 from parishioner with dementia

Chicago priest accused of taking $500,000 from parishioner with dementia
Standing before the religious icons that line his Ukrainian Orthodox church in Humboldt Park, the Rev. Nicholas Chervyatiuk has ministered to followers who arrived in Chicago as refugees after surviving Nazi Germany's prison camps.

Now the Cook County public guardian is accusing the priest of improperly taking more than $500,000 from the savings of one of those displaced persons, a 93-year-old former church secretary diagnosed with dementia.

Chervyatiuk has not been charged with a crime, and he denied any wrongdoing during a sworn probate court examination and in a Tribune interview.

He says Nelly Bridgeman wanted him to have her money, which he saw as payment for the care he provided as her health and mental faculties failed.

"It's for my work," Chervyatiuk testified during the court examination. "It was for 14 years and I think it was time for me to get paid. ... Nelly wanted it that way."

He told the Tribune he estimated those services were worth "about $25,000 per year."

Chervyatiuk, 55, allegedly used Bridgeman's money to support two restaurants he ran with a convicted drug dealer, his Brash & Sassy Inc. hair salon and his portfolio of Chicago-area rental properties, according to probate court papers and separate land, business and court records.

He has held power of attorney over Bridgeman's affairs since March 2015, when she was diagnosed with dementia and moved into a nursing home, records show.

Public guardian Robert Harris said: "It's another example of how elderly people get ripped off by the most trusted people."

The priest's private attorney, Dmytro Kurywczak, said Chervyatiuk "is working with the Office of the Public Guardian to come up with some kind of a resolution that will be in the best interests of Nelly Bridgeman."

Chervyatiuk's Holy Patronage Church, at 900 N. Washtenaw Ave., is part of the Ukrainian Orthodox Church of the Kyivan Patriarchate, one of three major Orthodox groups in that country.

A North American church leader, the Rev. Victor Poliarny, told the Tribune it was "not acceptable" for a priest to take a parishioner's funds in a private transaction. Church authorities are seeking "official documents substantiating the accusation," Poliarny said. "Once we secure the official documents regarding this matter, the higher authority of the Kyiv Patriarchate will ensure proper punitive measures for the alleged behavior."

A native of Ukraine, Bridgeman had been a German World War II prisoner, and Chervyatiuk in his court examination acknowledged signing his name to her reparation checks from the German government.

In the court examination, Chervyatiuk said: "It belonged to me, everything. She knew that and she told it to everyone."

Suspecting fraud, a bank official in December contacted the public guardian's office. In March, Associate Cook County Judge Shauna Boliker authorized the office to gather financial records and determine how much of Bridgeman's money Chervyatiuk spent on her care and how much he allegedly converted for his own use.

The agency, which now is Bridgeman's legal guardian, says it will seek court permission to recover any funds wrongly converted by Chervyatiuk. As the probate case proceeds, Boliker has ordered financial institutions to freeze $170,000 of the priest's personal and business bank accounts.

At the public guardian's request, a doctor this year examined Bridgeman and determined she "was totally incapable of making financial and personal decisions."

After coming to America in 1950, Bridgeman married a U.S. service member and would serve for more than two decades as secretary of Chervyatiuk's church, court records show. Her husband died in 2004 at 79. The couple had no children.

"In church I was her priest and at home I was her beloved son," Chervyatiuk testified during the June 24 probate court examination. Chervyatiuk was born in Germany and raised in Ukraine, he said.
During the past five years, Bridgeman had been unable to cook, wash or shop for herself, Chervyatiuk said. "She kept a lot of stuff in the house. So you couldn't really walk in the house. You had to find a path," he said.

In March 2015, Bridgeman fell and injured a hip, records show. At the hospital she was diagnosed with dementia. Chervyatiuk then placed her in a Chicago nursing home, records show.

A day later, Chervyatiuk met with Bridgeman and lawyer Julian Kulas at the nursing facility and Kulas drafted papers that gave Chervyatiuk power of attorney for Bridgeman, according to the public guardian.

"That power of attorney made him responsible to use her money for her good and in her best interest, and not for himself," Harris said.

Kulas' son, Paul Kulas, is acting as his father's attorney in the case and said there was no improper conduct on Kulas' part. Kulas is "cooperating fully" with the public guardian and the court, his son said.

In the next 12 months, Chervyatiuk cashed in two CDs worth $170,000 and transferred other funds to accounts he alone controlled, probate court records filed by the public guardian allege. Chervyatiuk used his legal status to control Bridgeman's accounts, worth at least $540,000 and perhaps as much as $625,000, according to the public guardian.

During that period, Chervyatiuk put at least $22,000 of Bridgeman's funds into two restaurants he ran with Alban Tase, 41. He also directly gave Tase two checks from Bridgeman's account totaling $6,500, probate court records show.

Tase pleaded guilty in 2010 to federal drug conspiracy charges after an undercover operative met with him in a Chicago nightclub and steakhouse to trade shipments of stolen cigarettes for Ecstasy pills.

He was among more than a dozen defendants convicted as part of a global Balkan crime operation that laundered money and trafficked in heroin, guns and contraband consumer goods, federal court records show.

Authorities tracked the crime ring's deals from New Jersey to Canada, then the Netherlands, Albania and regions of Macedonia, Serbia and Kosovo.

Tase completed three years of supervised release in May following a federal prison term that is not specified in public records. Attempts to reach him for comment were not successful.

In Chervyatiuk's June 24 examination, he said Tase was his business partner in two Chicago-area pancake house restaurants, both since closed. Chervyatiuk said he did not know Tase was a convicted felon.

"I just know one thing. He stole money from me too, and I don't know where he is," Chervyatiuk testified.

Chervyatiuk later told the Tribune that Tase was involved with only one of the pancake houses.

Chervyatiuk also wired thousands of dollars to a Western Union office in Ukraine, authorizing local contacts to pick up the money, records show.

"We were helping the church," Chervyatiuk said, adding that the funds were for an iconostasis — one of the panels of icons and religious paintings that adorn Eastern Orthodox churches.

Asked in the court examination if the money wasn't instead spent on the Ukrainian-Russian military conflict, Chervyatiuk said: "I don't really want to talk about it now."

In the case of one $26,000 Bridgeman check, Chervyatiuk testified: "I don't recall what I did with that, possibly for my own things."

One of Bridgeman's home health care aides allegedly told the public guardian that Bridgeman sometimes seemed confused and treated Chervyatiuk like her deceased husband.

The aide said she saw Chervyatiuk pretend to be Bridgeman's husband and kiss her on the lips, according to court papers filed by the public guardian.

Chervyatiuk also took title to land Bridgeman had owned in Texas, saying in his court examination that Bridgeman gave him the property. "One day she did a surprise to me. She took me to a restaurant and gave me those papers," he said.

Bridgeman was not the only parishioner who gave Chervyatiuk large personal gifts, records show. Another church follower, Maria Lewczenko, died in December at 93 and made him executor of her estate with $20,000 in accounts and $100,000 in real estate.

Chervyatiuk declined to discuss that matter with the Tribune, saying only: "I had many women who I tried to help."

Full Article & Source:
Chicago priest accused of taking $500,000 from parishioner with dementia

Saturday, February 7, 2015

Woman charged with stealing $138,000 from vulnerable adult

Editor's note: Yes, this Shark admits that we have only scratched the surface by catching these thieves.  The probate courts loaded with the Kamamotos, Martins and Solos of the world and their clones continue to commit legal theft under the aegis of the courts.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Woman charged with stealing $138,000 from vulnerable adult
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Posted: Wednesday, February 4, 2015 9:04 am | Updated: 11:29 am, Wed Feb 4, 2015.
A Rochester woman accused of stealing more than $138,000 from an elderly woman has been charged with six counts of felony financial exploitation of a vulnerable adult. Lisa Lynn Kaiser, 50, was charged by summons Monday in Olmsted County District Court. Her first appearance has been set for March 16.

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The investigation began Oct. 6, when the woman and her daughter told law enforcement that they had recently discovered the victim's bank accounts were empty. They suspected Kaiser — who had power of attorney to make financial decisions for the woman — had spent the money on herself.
Kaiser had provided the family with a financial statement that purported to show there were still funds in the account; according to the criminal complaint. Authorities were advised by a bank representative that the document was likely fraudulent.
A week later, the woman's son told investigators he'd received calls from vendors who said they hadn't been paid by the business the victim owns. As family members continued the investigation, they found another bank account "had been drained" as well, the complaint says.
Kaiser allegedly sent a letter to the victim's family members, acknowledging she'd "borrowed" the money, but intended to repay it.
Law enforcement got bank statements from June 2009 through December, and noted large amounts of money from the victim's accounts had been transferred to Kaiser's personal account. The money was reportedly used to pay Kaiser's own bills and her line of credit.
According to the criminal complaint, $61,000 was taken in 2012; more than $51,615 was taken in 2013; and nearly $19,000 was taken through September 2014.
The charges carry a maximum penalty of 10 years in prison, a $20,000 fine, or both.

Thursday, November 6, 2014

Restrictions Sought On Guardians Of Elderly

Restrictions Sought On Guardians Of Elderly

October 17, 2014
Calls for tighter controls on elder guardians pervaded the seminars and hallways of the American Bar Association’s National Aging and Law Conference Thursday and Friday.

“Powers of attorney are so widely abused it is like writing a check with no one looking over,” said Charles Sabatino, director of the ABA Commission on Law and Aging.

Sabatino argued that there should be a third party—perhaps a family member—watching over a guardian’s activities. Documents should mandate such controls, he added, citing as one example a requirement that a second signature be necessary when a guardian conducts a transaction on behalf of an elderly client over a certain amount of money, say $10,000.

Guardians should also be required to send the third party an annual financial report.

“There are a lot of creative things that can be done,” he said.

Lawyers who draft estate planning documents should be trained to spot senior fraud and be aware of potential pitfalls that could lead to elder abuse, Sabatino added.

Courts usually require a doctor to determine whether individuals have lost his their ability to think clearly before agreeing to impose a guardian and strip them of the rights to manage their financial affairs.

But most doctors lack the training to diagnose if a person is mentally disabled, cautioned Susan Cassidy, a Florida attorney with wealthy clients and the former medical director of the NFL Player Benefit Plan.

“Unless you have fundamentally lost it, you should be allowed to make decisions about your life and have your personal liberties respected, said Cassidy.

The American Bar Association is developing materials for lawyers to promote the righting of the least restrictive powers of attorney for clients, said Lori Stiegel, senior attorney for the ABA’s Commission on Law and Aging.
To read more stories, click here

Sunday, September 28, 2014

Woman jailed over probate court case wins appeal


Editor's note: How many times have concerned family members been held in contempt in the Probate Court of Cook County? How few cases have been appealed and even heard?  Lucius Verenus, Schoolmaster, ProbateSharks.com

Woman jailed over probate court case wins appeal

  • The 5th District Court of Appeals recently reversed a ruling by Stark County Probate Court Judge Dixie Park involving a woman who was jailed for contempt of court in a guardianship case.


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    • Ed Balint
      CantonRep.com staff writer

      Posted Sep. 26, 2014 @ 7:39 pm

      CANTON
      A woman who spent several days in jail in 2013 stemming from a guardianship case in Stark County Probate Court has won her appeal.
      The 5th District Court of Appeals last month reversed a ruling by Probate Judge Dixie Park, concluding that Park had abused her discretion by finding the woman in contempt of court.
      Barbara Lockhart, formerly of Alliance, was jailed for around 10 days on the orders of Park after Lockhart missed some court hearings — and failed to provide requested documents — in the guardianship case of an 83-year-old man, according to probate court records.
      A guardian was seeking to revoke the power of attorney Lockhart held on behalf of the man, and Park had requested records regarding his finances, court records said.
      Attorney Jeffrey Jakmides, who handled Lockhart’s appeal, said Lockhart was jailed without bond in October 2013. He noted that the woman — 56 years old during her jail stay — did not have a criminal record.
      Lockhart has “recovered from (her jail stay) at this point, at least as much as she can recover from an experience like that, and is just wanting to move forward with her life,” Jakmides said.
      Some of the probate court hearings took place in August 2013. Lockhart showed up at a Sept. 17 hearing, and then missed a Sept. 24 hearing, resulting in the contempt charge and Lockhart’s arrest and jailing on Oct. 1. Court records indicate Lockhart thought the last hearing had been continued.
      Park set another hearing for Oct. 2, but Lockhart couldn’t provide the requested documents to purge her contempt charge because she was transported directly from the Stark County Jail to the hearing, according to the appeals ruling.
      Lockhart was eventually released on Oct. 11 after a motion was filed to suspend the rest of her 30-day jail sentence. She later supplied the court with the financial documents.
      During the case, the power of attorney was revoked for Lockhart. Park found that Lockhart put about $12,000 in Social Security and pension funds belonging to the elderly man in an account under her own name.
      In court records, Park wrote that Lockhart had admitted she opened the bank account in her name even though she knew the man’s bank accounts had been frozen by the court.
      The funds were either retained or used for the benefit of Lockhart or the man’s daughter, Park wrote in court records. The judge ordered Lockhart to return $12,239 to the estate.
      Those issues were not part of the appeals ruling, which included two claims of error 5th District Judges William B. Hoffman, W. Scott Gwin and John W. Wise agreed with.


    • Read more: http://www.cantonrep.com/article/20140926/News/140929405#ixzz3EcQgQ5Cw

      Tuesday, September 2, 2014

      Area woman charged with financial exploitation

      Area woman charged with financial exploitation
      •            
      Posted: Monday, August 25, 2014 10:39 am
      Authorities acting on a tip from a Rochester financial institution have brought charges against a Chatfield woman they say spent more than $100,000 of someone else's money. Ashley Loraine Dotzenrod, 28, faces two counts of financial exploitation of a vulnerable adult and one count of theft by swindle, all felonies.
      She's scheduled to appear Sept. 18 in Olmsted County District Court.
      The investigation began Sept. 27, when police were told Dotzenrod had deposited about $50,000 in checks written on the alleged victim's account into her own checking account. The victim is described in the criminal complaint as having "significant difficulty in speech and motor movements," as well as having seizures, all the result of a stroke several years ago.
      The woman requires the assistance of others for basic needs, and has a power of attorney to assist in financial matters, the report says, classifying her as a functional vulnerable adult.
      In January 2011, the woman named Dotzenrod as her power of attorney; in May 2011, Dotzenrod opened a joint savings account with the woman.
      According to the criminal complaint, the victim's former power of attorney said the victim was "frugal" and was "aware of Dotzenrod's spending habits." The woman set up the financial arrangement so if Dotzenrod was going to be paid, the woman would have to write her the check. Since 2009, only one check has been written to Dotzenrod, the records show.
      When investigators spoke to the woman in October 2013, she said Dotzenrod "screwed me and stole my money."
      Records obtained by law enforcement indicate Dotzenrod made 143 transactions involving the victim's bank account from January 2011 to October 2013, for a total of more than $92,000.
      Prior to January 2012, a credit card in the woman's name was paid in full every month, the complaint says. From January 2012 to October 2013, records showed Dotzenrod used the card 14 times, with purchases totaling about $11,800.
      The woman told investigators she hadn't given Dotzenrod consent to use the card.
      The combined check and credit card activity totals $103,864.
      If convicted, each of the charges carries a maximum penalty of 20 years in prison, a $100,000 fine, or both.

      Sunday, August 24, 2014

      Cumberland County GOP Chairman Allegedly Defrauds Elderly Patient in Rehabilitation Center

      UPDATE: Cumberland County GOP Chairman Allegedly Defrauds Elderly Patient in Rehabilitation Center Crime | Tue, 04/01/2014 - 10:19 am | Updated 4 days 13 hours ago | Read 2942 | Commented 3 | Emailed 6 By Herald Staff Robert Greco. ELDORA - The chairman of the Cumberland County Regular Republican Organization has been arrested on charges he took $149,000 from an elderly patient at his Cape May County rehabilitation center to pay for business and personal expenses, according to a report in The Daily Journal. Robert V. Greco Jr., 51, of Cottonwod Drive in Vineland was charged with theft by failure to make required disposition, according to the Cape May County Prosecutor’s Office. Greco convinced an elderly patient at his East Creek Manor Rehabilitation Center, in Eldora, to sign a power of attorney document giving Greco control of the victim’s finances, authorities alleged. Prosecutor Robert L. Taylor said Greco then took out more than $149,000 from the patient’s financial accounts. The arrest followed a four-month investigation, the prosecutor’s office said. Greco was set at $35,000 bail. He is not listed as an inmate at the Cape May County Jail. The charges against Greco carry a possible sentence for five to 10 years. Greco has served as the Cumberland County GOP chairman since February 2009. Greco has a prior arrest record, which Democrats tried to make a campaign issue during the 2010 election season. He was arrested in 2003 in Cape May County on charges related to an alleged domestic violence incident. Greco was indicted on eight charges, including unlawful possession of a rifle, aggravated assault and abuse of a child. In 2004, he entered a plea of guilty to a charge of threat to kill and was sentenced to three years’ probation, a psychological evaluation and an anger management course; the other charges were dismissed. "I was shocked to learn about the alleged actions of Bob Greco as reported in the press today," said U.S. Rep. Frank Lobiondo in a statement. "Due to the seriousness of the charges, it is only appropriate that Bob resign his chairmanship of the Cumberland County Regular Republican Organization." ***** PROSECUTOR'S RELEASE: After a four month long theft investigation involving the Prosecutor's Office Economic Crimes Unit, police arrested Robert V. Greco Jr., 51, of Vineland. During the course of this investigation, it was determined that Greco, Owner and Administrator of the East Creek Manor Rehabilitation Center, located in Eldora, admitted an elderly patient in Dec. 2012. Upon admitting the victim into the facility, Greco convinced the victim to sign power of attorney documentation giving control of this patient's financial portfolio to Greco. Greco subsequently removed in excess of $149,000 from the victim's bank accounts while the victim resided at the East Creek Rehabilitation Center. These funds were not directly related to the care of the victim but instead were used to pay for expenses that Greco and his business incurred. Greco was subsequently charged with theft by failure to make required disposition, a crime of the second degree, which is subject to a term of imprisonment of five to 10 years in New Jersey State Prison. Bail was set by Judge F. Thomas Hillegas at $35,000 with 10 percent allowed. This investigation is ongoing and is presently being handled by the Cape May County Prosecutor's Office Economic Crimes Unit. Any information relating to Greco or his rehabilitation center, please contact the Prosecutor's Office at 609-465-1135. The charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.

      Sunday, August 17, 2014

      Attorney James Kincheloe Jr Gets Six Years for Embezzling From Elderly Woman

      Attorney James Kincheloe Jr Gets Six Years for Embezzling From Elderly Woman
      A Fairfax County attorney was sentenced to six years in prison Thursday for embezzling nearly $500,000 while he was entrusted to care for an elderly woman and her estate, according to the Virginia attorney general’s office.

      James G. Kincheloe, Jr., 67, who lives in Fauquier County, was convicted of a single count of embezzlement in the case in Fairfax County Circuit court in July. Kincheloe entered an Alford plea, meaning he did not admit guilt but acknowledged that prosecutors had enough evidence for a conviction.

      Fairfax County Judge Jane M. Roush ruled that Kincheloe will have to repay more than $483,000 to the estate of Pearl Buckley, a Fairfax City resident who died in 2009 at the age of 90. A separate civil suit by the family claimed almost $900,000 was taken from Buckley.

      Kincheloe served as the executor of Buckley’s will and that of her deceased husband, Edward. He also had power of attorney over her. At the time of her death, Buckley was suffering from dementia and was legally blind.

      Before she died, prosecutors said Kincheloe entered into an agreement with her to manage her personal affairs at a rate of more than $9,700 a month — three times Buckley’s income. They also said his now-wife, Heidi Pender Kincheloe, entered a separate agreement to serve as Buckley’s personal assistant for $35 an hour.

      Prosecutors say Pender Kincheloe only worked a fraction of the hours she billed for and she has been charged with six counts of receiving stolen property in Prince William County. She denies the charges.

      Source:
      Attorney James Kincheloe Jr. gets six years for embezzling from elderly woman

      See Also:
      Elderly Woman in Virginia Cheated Out of Savings By Lawyer She Trusted, Family Alleges

      Tuesday, August 5, 2014

      Elderly woman in Va. cheated out of savings by lawyer she trusted, family alleges

      Elderly woman in Va. cheated out of savings by lawyer she trusted, family alleges


      Correction: Based on an error in a lawsuit, an earlier version of this article reported that a nephew of Heidi Pender had allegedly received stolen funds. The nephew did not receive any money. The lawsuit misidentified the relationship between Pender and the person who received the money.

      Edward and Pearl Buckley at a Shriners event. (Family photo)
      August 4 at 9:35 PM
      Pearl Buckley was like an “old Southern grandmother,” always welcoming family into her Fairfax County home, her grandniece Catherine Bray said. Buckley had no children of her own, but she and her husband, Edward, would shuttle Bray to school, help with homework and offer dinner.
      When Edward died and Pearl was legally blind and suffering from dementia, the family was there to help. Relatives organized in-home care for the 90-year-old and took her to doctor’s appointments.
      But with a single phone call in 2008, family members said they were cut out of her care — and then her life. Buckley’s lawyer told them that he had power of attorney, or broad legal authority to manage her affairs and finances under an agreement she signed years earlier. He was also the executor of the couple’s wills.
      James Kincheloe slowly took over every aspect of Buckley’s life over the next 18 months, exercising a control so complete that one relative described her as a “prisoner in her own home.” The family alleges in a lawsuit and interviews that he drained more than $850,000 from her life savings, changed her doctors, cut off her phone and wouldn’t let relatives visit unsupervised.
      Most galling of all to her family, the woman who loved having relatives around spent her final moments alone in a hospital. Family members said Kincheloe never informed them that Buckley was dying in 2009.

      Pearl Buckley (Family photo)
      An attorney for some of Buckley’s family members said it is one of the worst cases of elder financial abuse he has seen in Virginia and all the more troubling because Kincheloe was able to legally circumvent portions of a state law intended to protect the elderly from just such a theft. He fears it may happen again if the law is not changed.
      Authorities worry there could be a wave of similar cases as 10,000 baby boomers reach 65 each day between now and 2030, according to a federal estimate.
      Kincheloe, 66, entered an Alford plea to a charge of embezzlement in the case in Fairfax County last month. In an Alford plea, a defendant does not admit guilt but acknowledges there is enough evidence for a conviction. Prosecutors say he stole at least $460,000, and he faces up to 20 years in prison when he is sentenced this month.
      James Love IV, Kincheloe’s attorney, said his client was wrongfully prosecuted and performed the work he was hired to do.
      “I think [the case is] more an example of poor record-keeping than anything else,” Love said. “The money was paid out to caregivers. . . . [Buckley] asked Mr. Kincheloe to get her away from her beneficiaries.”
      But Buckley’s family is still reeling.
      “To have everything they worked so hard for disappear is heartbreaking,” said Joan Brown, wife of one of Buckley’s nephews.

      Edward Buckley (Family photo)
      ‘I will be there for you’
      Edward and Pearl Buckley lived on Blake Lane in Fairfax for more than 60 years, family members said. He was a World War II veteran and a supervisor at Washington Gas. She worked in accounting at the federal printing office. Family members said they dedicated themselves to youth causes such as the Shriners Hospitals for Children in Philadelphia.
      The Buckleys met Kincheloe through the Kena Shriners temple in Fairfax, where Edward was a potentate and considered him a friend, family members said. Kincheloe drafted the couple’s wills and an agreement with Pearl, giving him power of attorney if she became incapacitated.
      When Edward died in 2007, Kincheloe was appointed as executor of his estate. And when Pearl’s health and mental faculties began to decline in 2008, he invoked the power of attorney.
      Kincheloe had been a town attorney in Clifton, was a special justice for mental health issues and commissioner for the Fairfax courts. His family was well known in the county.
      Some of Pearl Buckley’s family members said that pedigree gave them a false sense of security when he called her nephew Leon Fox and his wife, Sandra, in March 2008. They said Kincheloe told them that he would be managing Buckley’s affairs and asked for her checkbook, their keys to her home and a stamp she used to sign her name.
      Prosecutors said Kincheloe then entered into an agreement with Pearl, saying she would pay him $9,750 a month to manage her home and affairs — three times her monthly income.
      “I assure you that I will be there for you in the manner you have asked me to be, and that you are assured of my commitment to your well being,” it read.
      At the time, prosecutors said, Buckley was unable to read and often asked her caregivers to speak to her dead husband. Prosecutors said in court that they think Buckley never signed the agreement — that Kincheloe instead used her signature stamp to endorse it.
      Four days later, prosecutors said, Kincheloe’s girlfriend and later wife, Heidi Pender, entered into a separate agreement with Buckley to serve as her personal assistant for a fee of $35 an hour. The agreement was also endorsed with the stamp.
      Over the coming months, relatives said, Kincheloe increasingly isolated Buckley from her family.
      No one answered Buckley’s phone, and Kincheloe didn’t return calls. Relatives noticed strange people had moved onto Buckley’s property. They said Buckley seemed afraid to talk in the presence of Kincheloe or her caregivers.
      “We would go to visits on Sundays, and when she wasn’t there, we would call all the hospitals,” said Sandra Fox. “One day, we did find her at the hospital. We had no idea why she was there. The nurse said we were under the impression she had no family.”
      ‘It’s a powerful thing’
      The treatment raised the suspicions of Buckley’s relatives, but it was what they couldn’t see at the time that was truly devastating.
      In a civil lawsuit, the family alleges that Kincheloe or Pender engaged in more than 700 transactions on a bank account in Buckley’s name, which continued even after her death. Prosecutors said Pender was paid more than $165,000 for 16 months as a personal assistant but performed only a small fraction of the work she claimed.
      Pender is facing six counts of receiving stolen property in connection with the case.
      Buckley’s nest egg also was used to enrich a web of Kincheloe and Pender’s friends and family members, relatives allege in the lawsuit. It says that one of Kincheloe’s sons was paid nearly $36,000, and other associates got more than $50,000 for work on Buckley’s property.
      When Buckley died in September 2009, relatives said, they were crushed that they were not notified until the day after her passing. Things grew worse at the funeral: They said the rings Buckley had said she wanted to be buried with had disappeared.
      “None of it was done the way Mrs. Buckley wanted,” Sandra Fox said.
      In November 2010, Buckley’s relatives hired a lawyer to begin investigating Kincheloe’s handling of the Buckleys’ estates. Kincheloe had not distributed any proceeds and had failed to complete filings with a court overseer who monitors executors of estates, relatives said.
      When the relatives’ attorney asked for information about the estates, Pender wrote a letter to the court overseer, which was obtained by the family’s attorney, alleging that some of Buckley’s beneficiaries might have stolen money, jewelry and coins from her. Pender also alleged that the family neglected Buckley and that the neglect played a role in Buckley’s death.
      She reiterated those claims in an e-mailed statement.
      “That any governmental official would show support for any individual who terrified and held a senior woman hostage, then second guess that senior woman’s decisions on the pretext of protecting her, is to reward elder abusers under cover of law,” Pender wrote.
      Family members said the claims were baseless and a smoke screen to cover Kincheloe and Pender’s alleged thefts. After a legal battle, relatives succeeded in having Kincheloe removed as executor of the Buckleys’ estates.
      Love, Kincheloe’s attorney, denies that his client tried to isolate Buckley from the family. He said Kincheloe was trying to protect Buckley, who he said was mistreated while in the family’s care.
      Joseph Stuart, one of the family’s attorneys, said the case points to a hole in Virginia law. In drafting Edward and Pearl Buckley’s wills, Kincheloe and the Buckleys waived an option requiring the executor to get insurance in the event the estates were misappropriated.
      Stuart said the insurance, or surety bond, would have allowed Buckley’s beneficiaries to be reimbursed for Kincheloe’s misdeeds and possibly have prevented the entire mess. Stuart said Kincheloe, who filed for bankruptcy shortly after he was removed as executor, may not have been able to get the necessary insurance if insurers discovered he was in financial distress.
      He says Virginia should require attorneys qualifying as executors for non-relatives to get the surety bond.
      There are no statistics on the prevalence of abuse by the executors of estates or those with power of attorney, but the National Center on Elder Abuse said 41 out of 1,000 elderly people in one survey said they had suffered major financial exploitation.
      Stuart said power of attorney can be an effective tool for managing the affairs of the incapacitated, but it can just as easily be abused.
      “It’s like a gun in your home,” he said. “You can use it to defend yourself, or it can be used for bad things. It’s a powerful thing.”
      In all, family members allege that $876,000 was stolen from the Buckleys, but that paled in comparison with what else was lost.
      “I felt like I was robbed of the last couple years of my aunt’s life,” her grandniece Bray said.