UPDATE: Sept. 2018
PUBLISHED: June 2, 2016
A Texas woman is accused of emptying her 91-year-old mother’s bank account, giving away her car and leasing her apartment to someone else — all while her mom was in the hospital, according to court records.
Evelyn Frazier was released from the hospital in early March after an extended stay, and went to her Albuquerque apartment only to find everything she owned was gone and someone else was living in it, according to a criminal complaint filed in Metropolitan Court. Her daughter, 68-year-old Judi Bivins, now faces multiple felony charges, including embezzlement and fraud.
In a court motion, Bivins’ attorney Ernie Leger argued that Bivins, who had power of attorney over her mother’s affairs, had transferred her mother’s money and given away the car in an effort to help her qualify for Medicaid.
“The evidence against defendant is weak and is more civil in nature and not criminal given the power of attorney used by defendant,” Leger wrote in a motion asking for Bivins’ bail to be reduced.
She remained at the Metropolitan Detention Center on $100,000 cash only bail Thursday morning.
Police say Bivins forged her mother’s signature and wrote her and her boyfriend checks for $9,000 and $4,000 respectively. She also gave her car away to a friend, according to police.
Police reviewed the document giving power of attorney to Bivins, and one of the lines specifies that Bivins must “act in good faith,” according to the complaint. Investigators decided Bivins did not act in good faith and should face criminal charges.
“The affiant found that the offender, Judi Bivin, acted outside of the POA and not in the best interest of the victim, which is now destitute and is unable to afford her medications, any clothing, or transportation,” an officer wrote in the complaint.
Bivins’ attorney disagrees.
“Defendant’s transfer of mother’s funds and used car were in an effort to qualify mother for Medicaid and treatment of her dementia in an appropriate institution because her doctors stated she was a danger to herself and others and could no longer live without supervision and treatment,” Leger wrote.