East Lothian woman stole £6,000 from sister to help fund her online bingo habit

Agnes Rybak, 64, spent the large sum belonging to sibling Janet Kerr after being made power of attorney to look after her older relative’s financial affairs.

Rybak stole the cash from Ms Kerr over a near six year period after her sister was deemed unable to look after her own affairs.

Edinburgh Sheriff Court was told Rybak, of Dovecote Way, Haddington, has “a serious gambling problem” and that she spent most of her income on online bingo games.

Rybak was made power of attorney for Ms Kerr after she had been taken into a care home in Musselburgh after an incident led to her suffering from brain damage in 2013.

East Lothian Council subsequently contacted the care home in 2019 to inform them the fees for Ms Kerr’s care were not being met.

A local authority social worker was put in charge of the case and contacted Rybak to inform her of the arrears.

The court heard Rybak told the social worker that “she had spent Ms Kerr’s money on gambling, and this had become a significant issue” for her.

Rybak said she would pay back the arrears but this did not materialise and an investigation into the circumstances was set up by the Office of the Public Guardian.

On 25 February 2019 the Office of Public Guardian received a medical report detailing that Ms Kerr does not have capacity.

Then, on 28 February 2019, the Office of Public Guardian sent the accused an investigation letter detailing that they had concerns regarding the property and financial affairs of Ms Kerr detailing that they had concerns regarding the property and financial affairs of Ms Kerr.

On 4 March 2019 the accused completed a Power of Attorney Resignation and submitted this to the Office of Public Guardian.

On 3 April 2019 the Office of Public Guardian sent confirmation to the accused that she was no longer the Attorney in respect of Ms Kerr’s finances. The accused remained as Ms Kerr’s welfare Attorney.

The manager of the care home was made Ms Kerr’s financial appointee and the court was told all care home fees since 03 April 2019 have been paid.

The social worker then received letters from Rybak stating she was “a bad person” and what she did “has broken many heart” and that she ‘deeply regrets” her wrongdoing.

Police were contacted and officers were granted warrants to seize the details of Rybak’s bank accounts.

She was interviewed at her home in February last year where she told officers “I've never been in trouble with the police in my life and it was just a stupid mistake”.

During a police interview at an Edinburgh station Rybak she said she “plays online bingo and spends whatever she can afford, sometimes too much, leaving herself with nothing”.

Sheriff Matthew Auchincloss placed Rybak on a two-year supervision order and told her she must complete 120 hours of unpaid work in the community.

The sheriff also issued a compensation order for £6454.85 which Rybak must pay back to East Lothian Council.

Rybak admitted to stealing £6454.85 from Janet Kerr between August 22, 2013 and April 4, 2019.

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