A WOMAN who abused her position of power of attorney used money that was not hers to buy a car, pay rent and fund housing moving costs.

Hilary Barton’s fraudulent conduct led the use of more than £20,000 from the bank account of her aunt for her own gains.

Barton, 82, pleaded guilty to two counts of fraud by abuse of position while she held power of attorney for Joan Robinson.

Recorder James Newton-Price QC sentenced the defendant, who appeared via video link on March 25, to nine months’ imprisonment suspended for 12 months.

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“You do not seem to accept that you have done anything all that wrong,” said Recorder Newton-Price QC.

While the judge highlighted the seriousness of the fraud offences, he said it was appropriate to suspend the sentence due to Barton’s very poor health, her previous good character and the delay in the case being before the courts.

Prosecuting, Christopher Wing told Bournemouth Crown Court the defendant misappropriated funds from her aunt’s bank account.

The power of attorney had been registered in July 2013.

Barton, previously of Lake Drive, Poole and now of Corby, North Northamptonshire, used £4,502.25 of Ms Robinson’s money to pay rent and costs associated with a house move that she had made.

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In 2015, the defendant bought herself a BMW motor vehicle with a deposit and finance agreement, which totalled £16,430.26. This was again funded using money from Ms Robinson’s bank account.

Mr Wing said the Office of the Public Guardian, the Government body responsible for issuing and overseeing power of attorney, launched an investigation in June 2017 and Ms Barton’s power of attorney was halted later that year.

When interviewed by police for the first time in October the following year, the defendant claimed she had only used money to pay for her aunt’s care up to her death in 2018.

Mr Wing said Barton told officers she “did not really understand the role of power of attorney”. This was despite her signing a declaration saying she did understand the responsibilities involved when it was registered.

Mitigating, David Freeland said an agreement had already been reached over the defendant paying back the money she owed to Ms Robinson’s estate.

Mr Freeland said his client had been looking after her aunt, who moved to Poole in 1989, for decades.

The court heard Barton had multiple health conditions, including osteoarthritis, deep vein thrombosis and diabetes, and she had recently been diagnosed with cancer.

Addressing the judge, Mr Freeland said: “I would ask you to spare her prison and ask to deal with her by way of a community order.”

Recorder Newton-Price’s suspended sentence had no requirements attached to it. He ordered the defendant to pay £1,500 prosecution costs and a victim surcharge.

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