Devious son drained mum's account so Leeds City Council would pay care-home fees
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Gary Freeman applied for funding from Leeds City Council after his mother was forced into full-time care due to her deteriorating Alzheimer’s disease.
It raised immediate suspicion and it was quickly ascertained he had drained her accounts in order for the state to pay the fees.
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Hide AdHe later falsified a loan agreement between himself and his mother Mary Freeman, who died only recently, claiming she owed him a large chunk of cash.
The 69-year-old appeared at Leeds Crown Court this week where he admitted four counts of fraud.
The court heard that Freeman was given power of attorney over his mother’s financial affairs in 2016. But by 2018 she was unable to look after herself and was placed into Red Court Care Home in Pudsey.
On May 14, 2018, Freeman transferred £50,000 from her account to his own. The following day he transferred another £21,900.
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Prosecuting the case, Angus Macdonald said the “motivation became clear” when he made an application to the council for funds to pay for her care. Mr Macdonald said that rather than admit to what he had done, he then tried to “cover his tracks”.
In July 2018 he withdrew the application for funds after he had put £30,000 back into his mother’s account, meaning she was no longer eligible for financial help from the council.
In April 2019 he renewed the application once again, but in an email to his brother that was read to the court, he told him they should “stick to what they said” and that the £30,000 replaced would pay for a year’s care for his mother, then the state would have to pick up the bill thereafter.
In February 2020 he met with Leeds City Council representatives and produced a loan agreement dated back to 2008, suggesting his mother owed him around £42,000 which covered the money he kept. This document was later found to be false.
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Hide AdThe court heard he spent money on himself including trips to London, Blackpool and Poland.
Freeman, of Park Croft, Farsley was arrested but denied offending and was due to stand trial in December last year. He changed his pleas to guilty two months before his trial. He admitted three counts of fraud by abuse of position and one of dishonesty making false representation.
The married father-of-two has no previous convictions. He later told a probation officer he had an agreement with his mother that the money should have been transferred across and he said he wanted to keep that promise.
Mitigating, Derek Duffy said that despite being retired, Freeman continued to work as a consultant and continued to enjoy a decent income on top of his pension. The court heard that Freeman had already paid back more than £47,000 owed.
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Hide AdMe Duffy said: “He always had sufficient funding to repay anything that was due. He accepts he was using that account to pay for personal expenses.
“It was never intended to to cause her [his mother] any difficulties or harm, but he accepts he did intend to prevent her money being eroded by care-home fees.”
Judge Simon Batiste told Freeman: “To treat her money that was not your own is a gross breach of trust.
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Hide Ad“It appeared to be you taking control of her money. What you were trying to do was to avoid paying care-home fees.
“You concocted an account that there was a loan agreement that required your mother to repay you £42,000. I’m satisfied it was a false agreement.”
He gave Freeman a 24-month jail sentence, suspended for 24 months, gave him 10 rehabilitation days and ordered him to carry out 100 hours of unpaid work.
He also told him he needed to pay the court costs, running to more than £33,445. He ordered him to pay £2,000 a month.