Moray man who embezzled £30k from father-in-law with dementia jailed at Inverness Sheriff Court

A man who embezzled £30,000 from his father-in-law who had dementia has been jailed.

Donald Kennedy used money set aside for caring for his father-in-law, who had vascular dementia, to go on holidays and for personalised car number plates.

In 2020, Kennedy’s father-in-law was admitted to a care home and the 57-year-old was given guardianship over the finances.

His father-in-law’s house was sold for more than £77,000, with the money going into a bank account that Kennedy had access to.

Members of the NHS and the father-in-law’s care team then became suspicious and began to query several transactions on the account, seeing that it was not being used for his care.

At a previous date, fiscal depute Pauline Gair told Sheriff Sara Matheson at Inverness Sheriff Court: “There were fuel purchases, cash withdrawals, holidays, registration plates and a week’s stay at a caravan park that all came off the account.

“In February 2023 the guardianship was ended. He was arrested on embezzlement.”

Kennedy’s father-in-law has since died.

Kennedy, of Forth Place, Lossiemouth, pleaded guilty to embezzlement of £30,000 while having guardianship between April 23, 2021 and February 3, 2023.

Appearing from custody via video link at Inverness Sheriff Court, Sheriff David Harvie sentenced Kennedy to 16 months in prison, backdated to September 2.

Sheriff Harvie said: “Mr Fraser had vascular dementia. He was vulnerable and lacked capacity, hence why you were appointed to look after his interests.

“You were in a position of trust and had funds which were his. You were appointed to administer these for his benefit. You chose instead to make decisions for you.

“When someone embezzles and steals from a vulnerable person, it is clear a message needs to be sent to those who might attempt to behave in the scandalous and abhorrent way you have behaved.”