Now
Fair
23°
High
32°
Low
18°
Full Forecast

Jobs

Cars

Homes

Rentals

Alerts

Subscribe
Home > News > Local
Bookmark Us   •   Make Us Your Homepage

Lincoln woman, 72, gets jail, probation for checks

Comments 11 comment(s)  
E-mail Story E-mail Story
Print Story Print Story
Share  Share
Text Size: 
Tools Sponsor

By the Lincoln Journal Star

Wednesday, Nov 19, 2008 - 12:47:47 am CST

A judge sentenced a 72-year-old Lincoln woman to probation and 60 days in jail for writing checks to her sisters and herself on her 99-year-old mother’s account while she was her power of attorney.

Elaine Luse pleaded no contest in August to attempted abuse of a vulnerable adult. She sat before Judge Paul Merritt Jr. for sentencing Tuesday as he spoke of the money her mother has left to pay for her nursing home bills and how it likely will be gone in two years.

“I took care of my mother the way I thought she wanted, and the way she anticipated I would. That’s all I can say,” she told the judge.

Story Photo

Her attorney, Chris Eickholt, argued for probation, saying Luse has had to deal with the consequences of her actions and that jail won’t make her suffer more than she has.

But Merritt said there are things people have to understand cannot and will not be tolerated, like someone violating a special relationship as Luse had by violating her fiduciary responsibility to her mother. The figures were hard to tell, he said, “but it’s a lot of money.” He put the low end at at least $23,000.

“I’m convinced you don’t think you did anything wrong. But I think you did, and I think the evidence showed you did,” Merritt said before sentencing her.

Her jail term is to start Dec. 2.


$1 Sunday Delivery - Subscribe Today!
Local > Back to Top of Story

Post Your Comment

Standards and Rules
All posts to JournalStar.com are subject to our Terms and Standards.
Your posted comment will appear after it has been approved.
Frequently asked questions about story commenting.
(optional)
   
Hide Comments Hide Comments   Newest First Newest First  
reader wrote on November 19, 2008 2:31 am:
" i wonder if she would have been better off pleading not guilty? the average annual cost of nursing home care is around $70,000.00 almost 200$ a day. leaving her with over a $140,000. $23,000 doesn't sound like greed to me, maybe a little premature inheritance but, with our economy and such maybe someone was in need?? and money was divided evenly between siblings? she was the power of attorney for a reason.
i personally don't want to live in a nursing home. there cash cropping our elders. this is evidence they have there hooks in your pocket books they have them locked down like prisoners getting pumped full of narcotics sucking them bone dry and pulling the plug. "

 Kay M Johns wrote on November 19, 2008 7:43 am:
" The last place I'd want my money to go is to a nursing home for final living expenses. Put me in a nice hotel and let me die alone. It would be much cheaper and less frustrating. I believe most people want their children to have their inheritance. I agree from working at various facilities and having friends and families at nursing facilities that they are extremely expensive, the typical care giver is underpaid, and the night shift is normally short. Outside "agency" caregivers are called to "fill in" and many times have never even walked into the building let alone be trained by the facility or know who they are caring for or the type of care each person needs. It's a sad situation. I'm sure any mother would be heartbroken to know her daughter was reprimanded. I've also been in enough "homes" and visit enough people to consistently hear residents say, "when I'm well, the staff is really nice, but when I fell and needed help or when I got mixed up after surgery it was a different story." May the Lord Bless the daughter and open the eyes of the Judge Merritt. "

 Reenee wrote on November 19, 2008 7:50 am:
" How do they know she did anything wrong? I agree with the previous writer that maybe someone needed assistance and she utilized that money to help them out. Nursing homes are a huge scam!! You cannot tell me that to stay in a nursing home costs $6,700 a month and the poor residents don't even get a single room. That is for the residents that are not in need of high skilled care. This economy prays on those that cannot defend themselves and take it out on those that have been caretakers. I personally believe that the nursing homes should be charged with taking advantage of vulnerable adults, but of course this will not happen. What does the state hope to gain by putting a 72 year old woman behind bars? To expose her to the criminal element that is sitting in our county jail is ridiculous. I know that makes one not want to step up and assist family members by becoming their Power of Attorney. Trust me, that is not an easy job to start with, so let's just make it that much more difficult to handle. RIDICULOUS! "

 BLS wrote on November 19, 2008 8:51 am:
" Very sad situation. This lady doesn't belong in jail. The power of attorney should have protected her. Another injustice, in my opinion. by the courts. "

 How did she do anything wrong wrote on November 19, 2008 9:39 am:
" She was given power of attorney. She had very specific instructions for the use of that money, and she used it for herself. That is clearly a crime--are you kidding me? I don't get how so many people that post here daily are all about defending criminal behavior. It's pretty simple: when you have power of attorney, if it doesn't state that you can use funds for anything for yourself, YOU DON'T DO IT. "

 What did she spend the money on wrote on November 19, 2008 9:47 am:
" WHOOOOAAA...slow down everyone! No where does it say what she spent the money on. I am impressed though that everyone is for once giving someone the bennefit of the doubt and assuming it was spent on legitimate things. I also agree that Nursing home care costs are outrageous! However, having been my own mother's power of attorney for the three years leading up to her passing...I can not fathom what that woman needed that money for!
Another thing we all must realize is that first and foremost the money our loved ones leave...is to take care of themselves not for our own inheritance. When my mother passed my brother and I each received around 2 thousand dollars and ya know what...taht is fine with me. It would have been great to receive a hefty amount but I'm just glad my mother was taken care of in her final years.
I too have worked in Retirmenet homes and it's disgusting how SOME families refuse their loved ones adequate care because they are thinking of their own payday down the road.
So yeah, I'd like to know what she spent that money on before jumping to conclusions...I have faith that the Judge made his ruling wisely. Finally, seems like her mom is living a long life so what is she supposed to do in a few years when the money is gone? "

 Illegal wrote on November 19, 2008 10:47 am:
" What don't people understand by "Illegal is illegal"? I laugh at how people find it plausible to allow a 72 year old to steal, but want to use the letter of the law when it comes to other issues (illegal immigration/in state tuition) because they don't look like my 72 yr old grandma (who may have been an immigrant herself). Why bend the rules when it suits us? "

 Wake Up wrote on November 19, 2008 10:52 am:
" When the mother runs out of her own money, the state (medicaid) will then start paying her bills. That means you and me! In other words, the $23,000 this lady misappropriated will be repaid by....yep....you and me. Now do you think it is still okay??? "

 godsofwrath wrote on November 19, 2008 3:54 pm:
" everyone hates a thief no matter how old they are! And to steal money used for her mothers health care is terrible hell has a special place for you lady. "

 The Wolff wrote on November 19, 2008 7:26 pm:
" I think a lot of readers commenting are missing the facts.

None of us were privy to the actual evidence provided in this case. Without knowledge of said evidence, how can any of us decide whether or not Elaine Luse "did anything wrong" simply by reading this newspaper article?

Thankfully cases are heard in court rooms in front of educated people, and not in chat rooms and blogs. "

 Chopper wrote on November 19, 2008 7:31 pm:
" The 'power of attorney' does not indemnify anyone from committing a criminal act. Even actual attorneys are not immune from the laws. "

Ads by Yahoo!