Category : News
Author: Amy Ridout

Police are investigating a family’s claims that their father had more than $500,000 siphoned from his accounts by a woman he met and moved in with. For 18 months Amy Ridout has investigated the plight of Athol Brown who was once a wealthy man, but now lives off the pension.

In March, Katie Brown climbed over a fence and rescued her father.

For three years, 92-year-old Athol Brown had lived in a sleepout behind Sharron “Sharn” Potroz’s Feilding home. During that time, Athol Brown dropped out of sight. His phone was disconnected, and visitors weren’t admitted through the electric gates. Instead, Potroz told them through the intercom that the elderly man was out.

When money began to leave Brown’s account, his friends and family began to make a noise. They contacted police, health professionals and advocates. They gathered evidence, collecting paperwork and taping phone calls and conversations.

But their efforts led them nowhere. Brown’s family estimates he has lost more than $700,000 and says the once-wealthy man is penniless.

The family has complained to police, who have interviewed Brown and are taking statements from his children.

Sharron "Sharn" Potroz lived with Athol Brown.
Sharron "Sharn" Potroz lived with Athol Brown.

When Stuff visited her home in late 2019, Potroz was pleasant and softly spoken. Standing on the doorstep of her Feilding villa, she expressed surprise when Stuff said Brown’s son, Rob, had concerns.

"Why is his son so worried?" she asked.

The transfers could be explained, Potroz said.

"Oh yes, I know what it's all about. It's a really long-winded story."

She was too busy to go into details, and Brown was out, Potroz said. She promised to call Stuff later.

She never got in touch, but Brown’s lawyer swiftly trespassed Stuff from Potroz’s residence and Brown’s properties. The lawyer denied "allegations", and asked for enquiries to be directed to him.

He did not respond to questions, but said the claims were “defamatory” of his “client’s caregiver” (Potroz) and that Brown’s son had been “trying to manipulate the bank accounts”. The lawyer said Brown had been assessed by experienced geriatricians and found to have full capacity to make his own financial decisions.

Despite calls, letters and emails, Potroz, who has also used the surnames Henderson, McKay and Brown, has never responded to questions.

Athol Brown with his plane.
Athol Brown with his plane.

The rescue

 

Brown’s son Rob, who lives in Nelson, had long been suspicious of Potroz.

His sister Katie said she was wary, too. But Rob’s persistent questions about finances had shut him out of Potroz’s house, and soured his relationship with his father.

As the only person who still had access to her father, Katie treaded carefully. “I kept that channel open.”

Each time she travelled to Feilding from her Bay of Plenty home, she’d tell Potroz she was coming. “She would have him ready for me,” Katie said.

But on her last trip down, she believed Brown smelled strongly of urine.

Katie’s next visit was unannounced. Not pausing to buzz the intercom, she climbed over the fence and let herself in, meeting a “shocked” Charlie Ruane. An old friend of Potroz, Ruane was a regular visitor. The 72-year-old Palmerston North man runs errands for Potroz, including driving her to medical appointments, and assisted with Brown’s care.

Katie found her dad sitting on the toilet. Hunched over, he wore trackpants and nothing else.

“He looked miserable, his spine was sticking out. He was sitting in his own s....”

The sleepout was thick with flies, and Katie retched at the smell.

She called an ambulance and looked for some clothes for her dad. Finding none, she asked Ruane for help.

 

“He said, ‘oh I don’t know what [Brown] has done with [the clothes].’ Then he told me they’d been burned.”

Brown was treated at the hospital, then taken to the resthome where he now lives. Furious, Katie called Potroz and “tore strips off her” about her father’s condition. Potroz did not say much on the phone, and Katie has had no contact with her since, she said.

Evelyn Strugnell, close friend of Athol Brown's, said she was surprised when Brown up and left their home to live with Potroz.
Evelyn Strugnell, close friend of Athol Brown's, said she was surprised when Brown up and left their home to live with Potroz.

Trapped

Athol Brown, a former property developer and pilot, met Potroz some time in 2017 through his ex partner of 39 years, Evelyn Strugnell.

Strugnell and Potroz had met at a country music club and hit it off.

“I didn't know her very well, but I liked her,” Strugnell told Stuff. “One of those girls you think, she's a nice person."

When Potroz came round to visit, she'd "chat away" to Brown, Strugnell said.

"Then Athol suddenly started saying, ‘I'm going to live with Sharn’. Then he said, ‘I'm packing my things, I'm going to live with Sharn.’”

Strugnell said the pair had had their ups and downs and in later years, had lived together as friends. However, she was surprised by the move.

"I was blown away. I said, ‘this is ridiculous, this is your home.’"

Things quickly went wrong at Potroz’s house, the elderly man told Stuff from his resthome. Initially, attempts by Stuff to speak with Brown resulted in cease and desist letters from lawyers. However, he agreed to talk after leaving Potroz’s home.

"I left a plate out in the sleepout; I'd been sitting out and eating in the sun. [Potroz] went round the bend, [saying] 'bring it inside’."

Over the phone, Charlie Ruane described Brown as “difficult”.

“He’s a stubborn old man. He could be very difficult to deal with, he wouldn’t co-operate.”

Potroz employed three carers for Brown, Ruane said. However, when Stuff asked why Brown’s daughter found the elderly man in an uncared for state, Ruane said Brown liked to be dirty.

“He wasn’t taking care of himself. He was just a filthy old man.”

Brown told Stuff he was unable to contact anyone.

“I said to [Potroz] several times, ‘I’ve got to get a phone’, but it never happened. I did feel like I was trapped there."

Katie Brown said on her visits, her father never expressed that he was unhappy in the house.

“When I asked Dad if he was OK he always said yes, and never complained,” Katie said.

According to Ruane, Brown had asked for his phone to be disconnected. There was no landline at the house, but the elderly man was free to use Potroz’s cellphone, Ruane said.

Rob Brown with a photograph of his father Athol Brown, and the plane he once owned.
Rob Brown with a photograph of his father Athol Brown, and the plane he once owned.

The missing money

In May 2018, Rob Brown discovered his father had visited an out-of-town ANZ branch with Potroz. Suspicious, Rob contacted the bank, and the banking ombudsman. Months later, the bank called a meeting with Athol Brown.

An ANZ staff member told Rob his father was "visibly shocked" to find that instead of being thousands of dollars in credit, his account was $15 overdrawn.

The same day, ANZ sent Brown a letter signed by a branch manager, which Stuff has seen.

"We are worried for your financial wellbeing," the letter said.

The letter described how Potroz became a co-signatory on his account.

“Sharron refers to [Athol] as Pops or Grandpa, so it would be easy to see why we might assume there is a family relationship," the letter said.

The letter said Potroz had used Brown’s Eftpos cards, and transferred more than $36,000 from Athol's account to her own.

There were also "significant cash advances", and hundreds of dollars spent on groceries and fast food. Although Athol didn't have a phone, there were $300 monthly payments to Vodafone.

"...which may not match the sort of spending a 90-year-old customer would undertake," the letter said.

According to the letter, Potroz’s bank, BNZ, temporarily froze her accounts, and returned $27,000 to Brown.

An ANZ spokeswoman said the bank is obliged to follow a customer's instructions unless there are capacity issues, or a dispute between joint account holders.

"Our branch staff are trained to look for coercion, financial abuse and suspicious transactions... We have processes in place we follow when such events are detected."

Potroz then helped Athol Brown open an account at BNZ.

In June 2020, a BNZ spokesman told Stuff that since there was no power of attorney in place, their customer can access their account as they see fit. However, staff are trained to look for warning signs, and would be on the lookout, he said.

"In this case we have made a note on the account to indicate to staff members to pay extra attention to their interactions."

When Brown’s daughter Katie went through his accounts after he left Potroz’s the house, she found those transactions were the tip of the iceberg.

Last year, at least $500,000 left Brown’s account.

This included $300,000 in “rent”. The $1600 weekly payment was backdated to May 2017, a year before Brown moved into the house. In a lawyer’s letter seen by Stuff, the lawyer compared the cost of the rent to two nearby resthomes, where weekly care was $1200 and $1400.

The rest was swallowed by ATM withdrawals, at stores like Hunting and Fishing, The Baby Factory, Kmart and the Warehouse; at restaurants and in lump sum transfers. Days after Brown received $165,000 from a house sale, $40,000 was transferred to Potroz’s account, labelled “telephone bill payments”.

Charlie Ruane said he took Brown to the ATM, and sometimes used his Eftpos card at the elderly man’s request. However, he did not remember details of the amounts or balances, he said.

After the Covid-19 lockdown, Brown rarely left the house, Ruane said.

“He was at home most of the time. He walked up and down the driveway with his walker.”

Ruane had not seen Brown visit any stores, restaurants, or the other places listed on his bank statements.

“His health wouldn’t have allowed it.”

Ruane could not explain the transfers, but said Brown could not use Internet banking.

Sharron "Sharn" Potroz was surprised Athol Brown’s family were worried.
Sharron "Sharn" Potroz was surprised Athol Brown’s family were worried.

Property wrangles

Brown owned several rentals around Manawatū. Each was under trust, with appointed trustees who were friends and family members.

In November 2019, a property developer who had previously done business with Athol visited the elderly man with an offer for his two derelict properties.

Potroz and Charlie Ruane met him at the door.

"Athol came out on the doorstep, [Charlie] stood between Athol and me. I stepped to one side. I asked if [Athol] remembered me – he did, he had a smile on his face," said the developer, who did not want to be named. "But [Charlie] ...and Sharn came out and closed the door."

The developer approached Rob, as trustee of one of the properties, and the three men met in Feilding.

"We took him away from Sharn," Rob said. "We met in Feilding central. Dad looked at the offers and agreed and signed them."

The property developer said Brown was "lucid", and the relationship between father and son genuine.

"There was zero friction between father and son," the developer said. "Everyone was happy."

If he'd had any indication there was anything untoward going on, he would have walked away, the developer said.

After Athol moved in with Potroz, trustees began receiving what they described as "sabre-rattling, threatening letters" from Athol Brown’s lawyer asking for their resignation, Rob Brown said.

Other incidents put the trustees on alert. One received a sales agreement from Potroz, offering $140,000 for a property worth about three times that. Suspicious, the trustee did not sign.

Someone claiming to be Brown’s granddaughter called the Manawatū District Council, saying there was an error on a property title. And a letter on unheaded paper that Brown told his children was from a lawyer, requested their support to relinquish his assets.

And there was the aeroplane, a Sting, that was sold to an acquaintance of Brown’s for $1, with Potroz as a witness to the sale. Brown has said he is still owed $30,000 for the aircraft.

Rob Brown dug in his heels against the attempts to oust him as a trustee. However, after a letter from his father’s lawyer threatening High Court action he gave in.

Athol Brown told Stuff he initially engaged a lawyer. However, he was unaware of some of the activities.

“She [Potroz] instructed [the lawyer] really.”

When Katie looked through her father’s paperwork, she found a document appointing Charlie Ruane as Brown’s power of attorney.

“[Ruane] just said, ‘you need a power of attorney, so I'll do that for you,’” Athol Brown said. “I said, ‘that's no bloody use, I've got my marbles, I don't need a power of attorney.’”

Ruane disputed Brown’s account, saying he was reluctant to take on the role, but Athol had persisted. Brown had signed the document, not him, Ruane said.

“I didn’t want it, but he had no one else.”

Uncle Charlie

Ruane has also loaned Potroz money.

A friend of Ruane’s believed he had loaned Potroz at least $80,000.

"Charlie's been on his own for most of his life,” said the woman, who asked not to be named. “He's lonely. Sharn says, ‘my family are your family, Uncle Charlie…’”.

The woman believed Potroz used her health problems as leverage.

"She keeps going on that she's dying. She's been dying for 15 years. Charlie coughed up $10,000 in one hit and more in lump sums after that, every time she was claiming she was at death's door."

The woman had been to the police and other agencies. Each told her Ruane was capable of making his own decisions.

"But how many bad decisions make you incapable? He has lost tens of thousands of dollars. Where is the line drawn? When he's bled dry and has nothing?"

Ruane would not confirm the amount of the debt to Stuff. However, he said he believed Sharn would make good on the loan.

"Of course she is, she's been paying me back."

The fight for Athol Brown

When Rob Brown contacted Stuff in 2019, he was in the thick of his own investigation into Potroz. Bank statements, legal documents, sales contracts and notes added up every missing dollar.

Suspecting his father's mental abilities were deteriorating, Rob called health professionals, government departments, advocacy organisations and the police. However, as far as most were concerned, Brown was in control of his own affairs.

Lawyer Mark Dobson, who has written about capacity issues and the law, said in the absence of a power of attorney, relatives can look to the Family Court, which decides whether the person has the capacity to manage their own affairs, and whether there is "undue influence".

Dobson had questioned his own clients about their dealings, he said.

"If a client is elderly, and there is money being transferred, you would want a medical certificate to confirm that person has capacity and I would want to know why they were moving the money... [however] you are under an obligation to act according to your client's instructions."

Brown says he is happy in his new home. His health has deteriorated since his daughter called an ambulance and brought his stay with Potroz to an end, and he is very frail, his daughter Katie said.

A police spokesman has confirmed police are investigating a complaint of theft, but could not comment further on the case.

Brown has had no contact with Potroz since he left her house.

He does not know the full extent of the financial loss, Katie said.

“I highlighted each transaction and showed him, he was blown away. She cleaned him out … he’s left with nothing,” she said.

But he feels safe, and cared for. “Where I am is really nice.”

All about Power Of Attorney

You can appoint an enduring Power of Attorney (EPOA, the most common kind) to take control of your affairs if you’re no longer able to do so yourself. The EPOA comes into effect when and if you become mentally incapable.

You can appoint someone, or more than one person, to make decisions regarding either your property, or personal care and welfare.

An EPOA document must be signed while legally competent, otherwise it would be considered invalid. Signatures must be witnessed by a lawyer, or qualified legal executive, or employee of a trustee corporation independent of the attorney. A doctor’s certificate may be required to ensure competency.

If you don't have an EPOA in place, certain people can apply to the Family Court to become a welfare guardian or to look after your property.

You can cancel your EPOA at any time, if competent to do so.

Source: The New Zealand Law Society

Article: https://www.stuff.co.nz/national/300348252/she-cleaned-him-out-family-seek-answers-after-92yearold-left-with-nothing
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