A Palm Beach caretaker has been charged with stealing from a 100-year-old woman she had cared for over 15 years. The case came to light after the woman’s grandson became her agent under a power of attorney and began reviewing her accounts. It shows how this document protects people who can no longer watch over their own finances.
What Police Say Happened
According to reporting from CBS12, the woman had dementia and entered hospice care in early May. Between May 8 and May 19, six checks totaling $22,000 were written to her live-in caretaker, Malgorzata Staniak. Police say bank records and surveillance video show Staniak making ATM withdrawals and depositing a $10,000 check in person. The woman died on May 29.
Staniak, 66, faces felony charges that include grand theft from a person over 65 and uttering forged checks. At her first court appearance on October 14, a judge set bail at $75,000, barred contact with the family, and prohibited her from working in home health care. She has not been convicted.
How the Power of Attorney Made a Difference
The grandson was granted power of attorney in April as his grandmother’s mental decline progressed. That authority gave him access to her bank statements. He noticed checks written to the caretaker and reported his concerns to police in late May.
Without that document, he may not have had access to her accounts at all. Families in that position often have to petition for guardianship, which takes time and requires a court finding that the person is incapacitated.
Steps That Protect an Aging Relative
A power of attorney works best when it is signed early and paired with active oversight.
- The principal should sign the document while they still have the capacity to do so.
- The named agent should review account statements on a regular schedule.
- Family members should know which caregivers have access to checks, cards, and online banking.
- The agent should give banks a copy of the document before it is needed.
Choosing the Right Document
A durable power of attorney stays in effect after the principal loses capacity. A non-durable document can end at the moment it is needed most.
Fill-in-the-blank documents carry their own risks. Generic POA forms may leave out powers the agent will need, and some banks hesitate to accept them.
Oversight Runs Both Ways
Long-term caregivers often have broad access and the family’s full trust. That trust can delay scrutiny. Checks payable to a caregiver and withdrawals the person could not have made deserve a closer look.
The agent’s own conduct matters too. Power of attorney misuse is a separate risk, and a well-drafted document can require the agent to account to a third party.
Fitting the POA Into a Larger Plan
A power of attorney is one part of an elder law plan that may also include health care directives and long-term care planning. These documents should work together so that no agent’s authority conflicts with another’s.
Acting Before Capacity Declines
The Palm Beach case turned on timing. The grandson spotted the suspicious checks after he was granted power of attorney and could review his grandmother’s accounts. A principal must have capacity to sign the document, and that window can close with little warning.
When a family meets with a power of attorney lawyer early, the document can be shaped around the people involved. It might name a backup agent, require the agent to share statements with another relative, or limit the gifts the agent is allowed to make.
Estate Planning Pros prepares powers of attorney for people planning ahead for themselves and for adult children helping an aging parent. If someone in your family is starting to need help with finances, reach out and we will set up a time for you to talk with a power of attorney lawyer.