A Fulton County couple, 58-year-old Donna Byers and 59-year-old Ferrell Byers are facing felony charges after the two abused their position as caregivers to gain access to and help themselves to the victim’s property and finances.
According to an affidavit filed Dec. 16, after the victim was placed in a long term care facility, a friend of the victim noticed a volume of equipment had been taken from the victim’s property.
When the friend went to visit the victim, staff could not provide information about the victim’s condition because the Byers had power of attorney.
This struck the friend of the victim as odd and the Fulton County Sheriff’s Department was contacted.
Authorities spoke to Ferrell who said he had documentation to prove he had rights to the property that had been removed from the victim’s property including a Kubota 3801 tractor, an 18 foot flatbed trailer, post hole digger, brush hog, box blade, grader blade and backhoe attachments. Ferrell claimed he was buying the items from the victim.
In speaking with both Ferrell and his wife Donna, authorities were curious as to how the two were give power of attorney over the victim.
Ferrell said the victim, who is listed as an endangered or impaired person, had allegedly stated he wanted the couple to have it when he was admitted to a hospital nearby on Nov. 27.
Ferrell said the power of attorney was given to Donna and was done in front of a notary and documentation could be provided.
Ferrell provided proof of the notarized power of attorney complete with notary and witnesses. He also provided a document stating that he was buying the equipment from the victim for a total of $15,000.
Authorities noted in their report the total value of all items used and listed were in excess of $37,000.
Ferrell stated he had the victim’s wallets but stated he only used the wallet for the needs of the victim, however; subpoena’s were sent to a local healthcare facility and financial institution and showed to the contrary.
The victim had been in the care of a medical facility since Nov. 30.
During the first few days of having power of attorney, the records from the subpoena show Ferrell withdrawing funds from the victim’s account on five separate occasions in excess of $1,800.
Farrell provided a second notarized document stating should the victim be placed in a nursing home or die, Ferrell would gain ownership of the farming equipment.
Ferrell stated the equipment was at his home.
While interviewing the victim, authorities learned the power of attorney was supposed to be temporary and that neither Ferrell or Donna were to have his debit or credit cards nor his farming equipment.
Of the funds taken from the victim’s bank account, none had been given to the medical care facility in which the victim has been staying.
“It is the state’s belief that a reasonable person would know that $37,000 worth of farm equipment, being sold for half price or to pass to someone with no family ties other than being a stranger in the home acting as a caregiver would know the property would have been obtained due to fraud, exploitation or theft,” the affidavit states.
As a result, Donna Byers has been charged with abuse of an endangered or impaired person, a class B felony and theft of property, a class B felony. Bond for Donna Byers was set at $10,000.
Ferrell Byers has been charged with abuse of an endangered or impaired person, a class B felony; theft of property, a class B felony and theft of property, a class D felony. Bond for Ferrell Byers was set at $10,000.
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