Man convicted of £15,000 financial abuse of late uncle

A man has been given a suspended prison sentence after being convicted of exploiting his late uncle’s finances while holding enduring power of attorney.

Rodger Magee (54), from Portadown, was sentenced at Craigavon Crown Court today (Monday 29th September) to a 12-month custodial sentence suspended for two years.

Magee was found guilty of fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position.

His late uncle, who was in his late 80s at the time, had been admitted to a nursing home in Portadown following health complications. Concerns were raised in November 2019 when the Southern Health and Social Care Trust noticed unpaid nursing home fees totalling nearly £3,500, despite Magee’s legal responsibility to manage his relative’s pension and savings.

£15,000 in unexplained withdrawals

Detective Inspector Peter MacCionáoith of the PSNI Organised Crime Branch explained:

“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 1st June 2018 and 19th February 2020.”

Magee had also moved into his uncle’s former home and used his relative’s bank account to pay for household expenses, including oil and electricity.

“A major legal responsibility”

Detective Inspector MacCionáoith stressed the seriousness of misusing power of attorney:

“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.”

How to report concerns

The PSNI is urging the public to report concerns about the misuse of power of attorney.

• Call 101 (or 999 in an emergency)

• Submit an online report at www.psni.police.uk/makeareport

• Contact Crimestoppers anonymously on 0800 555 111 or at www.crimestoppers-uk.org