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Son charged with exploiting his mom

The man is accused of misusing his mentally incapacitated mother, who gave him power of attorney, costing her thousands of dollars and her house.

By JACOB H. FRIES
Published April 13, 2006

When his mother was hospitalized with delusions, Matthew L. Finch seized an opportunity, authorities said.

He took his mother, Beverly, then 59, to a lawyer and had her sign over power of attorney, arrest documents state. Within two weeks, Finch, an only child, had emptied her bank account of $113,000.

In the third week, with his mother at an assisted living facility in Clearwater, Finch sold the Safety Harbor home where he had been raised and his mother had lived for more than 30 years, according to documents and relatives. Finch got $229,000 in the sale, which he used to buy himself a house in Tarpon Springs.

On Tuesday, Finch, 38, now living in Trinity, was booked into the Pinellas County Jail on a felony charge of exploitation of an elderly or disabled person. He was being held Wednesday in lieu of $150,000 bail.

The allegation that a child would exploit his aging parent, while troubling, is not uncommon, say elder law experts.

"This happens more often than you would want to know," said Patricia Fitzgerald, an elder law attorney who is not involved in the case. "When it comes to money, family get very, very greedy and they tend to do things like this."

Finch said in a deposition he had spent the money on various expenses, including rent, car payments, his wife's medical bills, Florida prepaid tuition, a sport utility vehicle and a trip to Disney, documents state. He spent $343,000 on the house he purchased in Tarpon Springs at 721 Virginia Ave.

John Finch, his uncle and an attorney in Safety Harbor, said Beverly Finch was initially hospitalized in February 2005 under the state's Baker Act, which lets people be committed up to 72 hours for psychiatric evaluation.

Beverly Finch, who had suffered a brain injury in the mid 1990s after being struck by a car, was found to be mentally incapacitated, according to her brother and arrest documents. She was later taken to the Lodge at Mainlands, an adult living facility in Clearwater.

"I told Matthew, "This is your mom. You need to be a son for her,"' John Finch said.

On Feb. 21, 2005, two weeks after his mother was hospitalized, Finch obtained power of attorney, documents state. The next day, he cashed in one of his mother's certificate of deposits for $21,000.

John Finch said he became aware of what was going on after learning his sister's home had been sold. He said he confronted Matthew L. Finch, who told him not to get involved.

"I could not believe anybody would do that to their mom," John Finch said Wednesday. "When it hits that close to home, it really hurts."

John Finch said his nephew had worked as a used car salesman. He said he had even served as his nephew's attorney in the past. County records show Matthew L. Finch has been arrested on charges including burglary and grand theft, for which he was given a two-year suspended sentence.

Beverly Finch still lives at the Lodge.

"She's just devastated," her brother said. "She wants to go home and she knows she doesn't have a home."

Fitzgerald said the best way for elderly people to protect themselves is to plan ahead and identify an appropriate, trustworthy guardian - before they're ever needed. Once filed with a court, guardianship puts a person's property under the court's jurisdiction, which gives added protection, she said.

"Greed is a terrible thing," Fitzgerald said.

[Last modified April 13, 2006, 00:52:17]