30 June 2026
/ Justin C. Conner
Ohio Court Confirms a Power of Attorney Cannot Use an Elderly Person's Money for Personal Expenses
A power of attorney is not permitted to treat an elderly person's money like a personal bank account...
Ohio law recognizes that older adults are particularly vulnerable to abuse, neglect, and financial exploitation.
The facts of State v. Owens, 2026-Ohio-2266 illustrate the type of financial exploitation Ohio's elder-protection laws are designed to prevent.
The facts of State v. Owens, 2026-Ohio-2266 illustrate the type of financial exploitation Ohio's elder-protection laws are designed to prevent.
Background
In State v. Owens, the defendant was convicted after a bench trial of two counts of theft from an elderly/protected person, his great-aunt (the victim), who was in her 90s during the events at issue.
The victim had no children and became increasingly frail and forgetful beginning around 2019. Her grandniece (the defendant's sister) and another relative/cousin became concerned that the victim was showing signs of cognitive decline and might need assistance.
In 2019, the victim signed a power of attorney (POA) naming the defendant as her agent. The POA specifically did not authorize the defendant to make gifts to himself.
The defendant later moved the victim into a retirement/care facility, where she eventually required 24-hour nursing care. Witnesses testified that the victim became increasingly confused, often did not know the date, could not find her room, and sometimes spoke as though deceased family members were still alive.
The victim had no children and became increasingly frail and forgetful beginning around 2019. Her grandniece (the defendant's sister) and another relative/cousin became concerned that the victim was showing signs of cognitive decline and might need assistance.
In 2019, the victim signed a power of attorney (POA) naming the defendant as her agent. The POA specifically did not authorize the defendant to make gifts to himself.
The defendant later moved the victim into a retirement/care facility, where she eventually required 24-hour nursing care. Witnesses testified that the victim became increasingly confused, often did not know the date, could not find her room, and sometimes spoke as though deceased family members were still alive.
Evidence of the theft
The State presented evidence that after receiving control over the victim's finances through the POA, the defendant isolated the victim and tried to remove another relative's access to the victim's bank accounts. He sought to transfer ownership of the victim's vintage car to himself, and large amounts of the victim's money were transferred from accounts owned solely by the victim into a joint account shared by the victim and defendant, then into the defendant's personal account.
A police detective testified that the victim's estate had been worth about $1.2 million and that the defendant transferred approximately $550,000 to himself, with little to no money used for the victim’s care. Much of the money was spent on the defendant's personal expenses, including vacations, credit-card payments, vehicles, an RV, construction of a large pole barn, entertainment and other lifestyle expenses.
The victim's relatives also discovered that savings, checking, and retirement accounts had been dramatically depleted. Additionally, family heirlooms, jewelry, cash, and valuables that had been stored in the victim's home and safe were gone.
A police detective testified that the victim's estate had been worth about $1.2 million and that the defendant transferred approximately $550,000 to himself, with little to no money used for the victim’s care. Much of the money was spent on the defendant's personal expenses, including vacations, credit-card payments, vehicles, an RV, construction of a large pole barn, entertainment and other lifestyle expenses.
The victim's relatives also discovered that savings, checking, and retirement accounts had been dramatically depleted. Additionally, family heirlooms, jewelry, cash, and valuables that had been stored in the victim's home and safe were gone.
Appellate court's ruling
The appellate court found there was ample evidence that the defendant used the victim's money for his own benefit. The financial records traced the money directly from the victim's accounts into the defendant's personal account and to his personal purchases. The appellate court concluded that the defendant abused his position as power of attorney and was properly convicted of theft from a protected person.
Conclusion
This case serves as a reminder of the harm sought to be prevented by Ohio’s elder abuse and reporting laws. To help protect seniors, Ohio requires a wide range of professionals, including attorneys, healthcare providers, social workers, financial institution employees, accountants, and others, to report suspected abuse, neglect, or exploitation when they have reasonable cause to believe it is occurring. Mandatory reporters are not required to prove wrongdoing before making a report, but they must notify the appropriate county agency so that potential abuse can be investigated. In turn, this can help prevent the theft displayed in State v. Owens.
If you have questions on this topic or would like to learn more about Weltman’s Solutions, feel free to connect with Attorney Justin Conner at any time.
This blog is not a solicitation for business, and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
This blog is not a solicitation for business, and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
