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If you have power of attorney over a 94-year-old woman who lives in a nursing home, has no relatives, and suffers from dementia, how should you handle her in her vulnerable position? From the year 2000 onwards, Jeffrey Elverman, decided to rob her. Elverman, 52, a former lawyer for Quarles and Brady, was sentenced Thursday to five years probation, with seven months to be spent in jail, and to a fine of $325,000 to recompensate Dorothy Phinney for the more than $370,000 he took from her.
Circuit Judge Jeffrey Conen regretted he wasn’t putting Elverman in prison, but he was more concerned with letting him work so that he could pay Phinney back. Elverman must pay $1,400 a month this year towards restitution, $2,000 next year, and $3,000 in 2014.
“You’re a smart guy,” Conen said to Elverman. “I think you know the ramifications if this doesn’t work out.” With such a direct gesture at a five year prison sentence, Conen also said “The forefront of this case is restitution. We want Ms. Phinney to be made whole – as quickly as possible.”
Elverman’s lawyers had tried to make a case that Elverman had the intent to pay Phinney back. The crime was uncovered when Phinney was appointed Supportive Community Services as her legal guardian, and they reviewed her finances. The guardian is further suing Elverman for $600,000 for other funds missing from her estate.
