A 59-year-old Ocala woman was arrested after Marion County deputies say she used a power of attorney to gain access to a disabled man’s bank account, withdraw nearly $10,000 and move the money into an account he could no longer access.
Samantha Louise Smith was charged with exploitation of an elderly or disabled adult involving less than $10,000 and uttering a false instrument. She was arrested Monday, Aug. 10, at the Marion County Sheriff’s Office South Marion District Office in The Villages.
According to the arrest affidavit, the investigation began after the 63-year-old victim’s ex-wife contacted deputies July 31. The man was hospitalized following a stroke, and Smith had reportedly been helping provide transportation so family members could visit him.
Deputies say Smith took the victim’s mother to PNC Bank on July 30. The mother told investigators she believed Smith was helping remove her own money from an account. Instead, investigators say Smith presented bank employees with a power of attorney over the victim and withdrew the entire $9,772.66 balance from his account.
The money was allegedly placed into a new account controlled by Smith and the victim’s mother. Investigators said the victim himself was not listed on the account and no longer had access to the money.
The affidavit says Smith had only known the family for about a month before the transaction.
A notary who helped prepare the disputed power of attorney later told investigators the victim had requested assistance with Medicaid paperwork, but Smith allegedly pushed for a financial power of attorney. The notary said Smith led much of the conversation and that someone had to take the victim’s hand and help him sign the paperwork.
The notary later became concerned about the situation and contacted an attorney to have the power of attorney revoked, according to the affidavit.
Investigators met with the victim Aug. 7 at a rehabilitation facility. Deputies said he appeared to suffer from memory problems but told them he never authorized Smith to serve as his power of attorney and had always wanted his ex-wife to handle those matters.
Smith later met with investigators and acknowledged she knew the man had diminished mental capacity following his stroke, according to the affidavit. She also allegedly admitted moving the money despite knowing she was not his legal guardian. Deputies said Smith told investigators she believed she was doing the right thing.
Investigators concluded the power of attorney was invalid because of the victim’s mental condition and said probable cause existed to arrest Smith.
She was taken to the Marion County Jail.
