The Audiencia de Sevilla has sentenced the former director of a sheltered residence in Ciudad Jardín to five years in prison for appropriating nearly €141,000 from a resident, taking advantage of his cognitive decline. The elderly man's niece, also accused, has been acquitted of the main charge but must return €24,000.
The former director of a sheltered residence in the Seville neighbourhood of Ciudad Jardín will serve five years in prison for appropriating €141,145.66 from one of the elderly residents living in the centre, according to the ruling from the Audiencia de Sevilla. The convicted individual, who also managed an aesthetics business in Los Remedios after the closure of the residence, exploited the trust and cognitive decline of the victim, who passed away in February 2018, to empty his accounts and take out life insurance policies of which he was the beneficiary.
A betrayed trust in the Ciudad Jardín residence
The victim, Joaquín, entered the sheltered accommodation at the initiative of his distant niece, the only family member he had contact with after breaking ties with his two children in 1995. The man, who lived alone and suffered from Diogenes syndrome, paid €900 monthly for the "all-inclusive" service. In August 2015, after suffering a stroke, he authorised the director to operate on two of his accounts. Gradually, the elderly man's cognitive decline worsened, and the accused gained access to as many as seven bank accounts, according to the police investigation.
Between September 2015 and February 2018, the director made ATM withdrawals totalling €68,717.12, withdrew funds over the counter, and made online purchases amounting to €13,814.60 at stores like Zara, AliExpress, and Ikea. He even paid fines from the DGT and a distance learning university tuition with the victim's money. The banks did not alert authorities about the transactions, according to agents, because it was common for the manager to accompany residents for routine errands.
"The accused had access to the cards linked to the accounts, which allowed him total control over Joaquín's funds and income," states the ruling from the Audiencia de Sevilla.
A life insurance policy and the niece's complicity
The convicted individual also took out two life insurance policies worth €20,000 and €25,000, in which he and the niece were listed as beneficiaries. Upon Joaquín's death, both collected the policies. The niece, who managed her uncle's admission to the residence, was acquitted of the charge of misappropriation, but the court orders her to return €24,123.94 received from the insurance. The ruling considers that there is no evidence of her involvement in the director's operations to take the money.
The victim's son, who lived outside Seville and had severed ties with his father, began to suspect after the death and filed a complaint that was initially dismissed by a judge in October 2021. However, the Audiencia accepted the appeal from his lawyer, Fernando Velo, and ordered an investigation. The National Police confirmed that the director had disappeared after the closure of the residence until he was located opening a aesthetics business in the Los Remedios neighbourhood.
A case that raises awareness about the protection of the elderly
The conviction serves as a warning for families in Seville who entrust their elderly relatives to sheltered residences. The ruling emphasises that the accused exploited Joaquín's "special vulnerability," whose cognitive decline was already significant in April 2017. The Audiencia highlights that the director had "total control over the funds and income" of the elderly man, with no bank or supervisory system preventing it.
For the residents of Seville, this case highlights the need for increased vigilance over elderly individuals living in sheltered centres, especially when they lack close family members. The ruling, which can still be appealed, requires the convicted individual to compensate the heirs with €141,145.66 plus legal interest. The niece, for her part, must return the €24,123.94 from the life insurance.
The family's lawyer, Fernando Velo, has positively assessed the ruling, which "brings justice to a scandalous abuse situation." The case serves as a reminder that the trust placed in caregivers cannot outweigh the economic and personal rights of the elderly, a particularly vulnerable group in the province of Seville.
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