Thefts using an enduring power of attorney can expect to be treated severely the High Court ruled, upholding a 26 month sentence of imprisonment after Susan Elizabeth Tainsh stole $243,300 from a client she befriended after installing his medical alarm.
In a six month period in 2021 just before his death, Tainsh stole funds from a 69 year old’s bank account; nearly $90,000 spent on gambling, much of the rest on personal expenses. She produced receipts totalling $13,000 justified as spending for the benefit of her former client.
After the victim’s death, a daughter discovered Tainsh’s use of an enduring power of attorney to access her father’s bank account. Initially, Tainsh said the victim wanted her to have the money, before later pleading guilty to theft.
The High Court was told she met her victim when installing a medical alarm. He later signed an enduring power of attorney over his property naming Tainsh as his attorney. The document prohibited her from using his money for her own benefit or from making gifts to others.
Eighteen months later, her victim signed a will leaving everything to his daughter and grandchild. Tainsh witnessed this will. Within two weeks, the enduring power of attorney was activated following a medical assessment that he was unable to handle his affairs. In short order, Tainsh emptied his bank account.
Justice Dunningham said the trial judge’s ruling Tainsh serve a 26 month sentence and pay reparations of $15,000 was not excessive. It was a case of a highly vulnerable victim and offending largely motivated by greed, she said. Because of the complete vulnerability of victims in enduring power of attorney cases, abuse is to be treated more seriously than thefts in an employment relationship, she said.
Tainsh v. Police – High Court (3.10.23)
23.176