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Thursday, May 2, 2024

Aged care worker who stole $132k from elderly woman sentenced

An aged care worker who fraudulently used a power of attorney to steal more than $100,000 from an elderly resident’s bank account into her own has told a court that she is so ashamed of her offending she struggles to leave her house.

The investigation into Kaylene Joy Stanborough began after a solicitor discovered aged care resident Ethel Haines’ bank account contained just $9,271 when she died, aged 89, in February 2017.

The Victorian County Court heard Stanborough, now 52, transferred money from Mrs Haines’ accounts on 11 occasions totalling $27,100, and on a further 24 occasions made in-person cash withdrawals totalling $104,969.

Stanborough took the money between December 2015 and February 2017, with the last few withdrawals made while she was on long service leave at the end of her employment with Jacaranda Village where she had spent a decade working as an administration assistant.

The court heard Stanborough took on shared power of attorney for Mrs Haines in 2014 alongside the Jacaranda Village’s then CEO, after Mrs Haines raised concerns about her neighbours taking advantage of her.

Stanborough pleaded guilty to obtaining a financial advantage by deception and obtaining property by deception last month, when the court was told she felt trapped in a “tyrannical” relationship with a violent and abusive man.

An arrest warrant has been issued for Stanborough’s former partner over the fraud, the court heard, but his whereabouts remain unknown.

In sentencing today, Judge Peter Lauritsen described Stanborough’s offending as “disgraceful” but accepted her fear of her former partner had played a role.

While Judge Lauritsen said Stanborough’s lack of prior convictions and previous good character were relevant to sentencing, they were also factors that had allowed her to commit the fraud to begin with.

She had been entrusted to take on the power of attorney by her former boss, Susan Lynch, who on occasion signed blank cheques that Stanborough used to withdraw money.

Bank staff also allowed Stanborough to make withdrawals without Ms Lynch’s signature on other occasions.

Westpac had reimbursed Mrs Haines’ estate, the court heard, and was not seeking restitution from Stanborough.

Judge Lauritsen said “shame will act as a powerful deterrent” for Stanborough but acknowledged the effect of media coverage on her in the Sunraysia area had been “disproportionate”.

She has been diagnosed with post-traumatic stress disorder and agoraphobia, to the extent she finds it difficult to hang her washing out, and requires ongoing psychological treatment.

“The extent to which the community needs protection from you now is very limited,” Judge Lauritsen said.

“I doubt you will ever be given a position of trust where money is concerned [again].”

Stanborough was placed on a community corrections order for two years and three months requiring her to complete 200 hours of unpaid work and undergo assessment and treatment for mental health issues.

This article first appeared in ABC News today.

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