Pair Given 4-1/2 Months For Theft Brother, Sister Plead Guilty To Attempt To Buy Elderly Man’S $33,000 House For Only $2,870

Robert Wilson still has shrapnel in his leg from World War II. It’s been there since shortly before he was captured by Japanese soldiers and thrown into a prison camp.

He’s seen plenty of battles, but he probably never thought he’d have to fight for his estate.

On Thursday, Gary and Lori Larson received an exceptional sentence - 4-1/2 months in jail - for first-degree theft after pleading guilty to trying to take the assets of the 80-year-old veteran.

The standard sentence for first-time offenders such as the Larsons is zero to 90 days. Spokane County Deputy Prosecutor John Lamp sought a six-month sentence for the two.

The Larsons, who are brother and sister, gave Wilson a check in April for $2,870.04 to purchase his Spokane house, which had an assessed value of $33,000, Lamp said.

Defense attorneys Thomas Krzyminski and Christian Phelps said the purchase was a legitimate sale between two consenting parties.

“They tried to get the best deal they could,” Krzyminski said.

However, Wilson’s sister, Ethel Oatney, became concerned when Wilson told her that he had given the Larsons durable power of attorney over his estate. She called the police, who arrested the Larsons.

They pleaded guilty before Superior Court Judge Greg Sypolt on Wednesday.

Wilson had met the Larsons when they saw a “for sale” sign at his house and stopped to inquire.

“I couldn’t believe that they were doing that,” Oatney said after Thursday’s sentencing.

“His capacities had been diminishing for a while, and it was quite clear to me he wasn’t sure what he was doing,” Oatney said.

Lamp said it was more than clear that the Larsons weren’t dealing in good faith with the elderly man.

“You can’t find a chicken coop on a lot in Spokane County for less than $10,000,” Lamp said.

But Gary Larson still maintained he and his sister had done nothing wrong.

“We got his cats shots at the vet, took him for a haircut. … We weren’t trying to pull the wool over anyone’s eyes,” Gary Larson said at Thursday’s sentencing.

According to Lamp, the duo had tried to swindle Wilson using the durable power of attorney, a legal device that gives an agent the power to perform financial transactions on behalf of someone else.

In the past decade, it has become a popular estate tool because it provides a simple, inexpensive alternative to court proceedings normally required for a third-party financial manager.

“They drafted the paperwork and had him sign away,” Lamp said. “It can be valuable, but it can also lead to great abuse.”

In a nationwide survey conducted by the Government Law Center of Albany Law School in New York, 66 percent of attorneys surveyed said they have encountered “some degree” of abuse of the durable power of attorney.

In Wilson’s case, police intervened before more damage could be done. A guardian ad litem was appointed immediately to manage Wilson’s affairs and the house was reclaimed. However, the Larsons did take $1,756 from a safe deposit box, Lamp said.

Although he wouldn’t specify how much, Lamp said Wilson has “significant liquid assets.”