Monday, November 11, 2013

Colorado Court of Appeals People v. Stell 13CA0492

Decision here.

   Stell's father executed a power of attorney which gave Stell broad authority to act on his behalf in dealing with his finances and property.  Stell used this authority to rip his father off to the tune of half a million.  He was subsequently indicted for multiple counts of theft, which the district court dismissed.  The reasoning was that the people would be unable to meet the "without authorization" element of theft.  The prosecution appealed.

   The Court of Appeals held that even though the POA granted Stell broad authority, the law which governs such things (UPAA) imposed a duty on Stell to act in his father's interests rather than to liquidate his holdings and keep the profits.  Therefore, there was evidence to support that he acted without authorization.  The dismissal of the indictment was reversed, and the case may proceed to trial.

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