Blevins v. Rios

Louis Stroll, an elderly man, lived alone. Stroll’s adult children did not visit him. In 1992, Stroll hired Rosario Rios (defendant) as his housekeeper. Initially, Rios worked for Stroll once a week; however, over time, Rios began working for Stroll daily and gained access to his keys, mail, checkbook, and bank accounts. In 1999, Stroll executed a change-of-beneficiary form naming Rios as the beneficiary of Stroll’s Veterans Affairs life insurance policy. Rios prepared the form, and Rios’s babysitter witnessed Stroll’s execution of the form. In 2000, Stroll was hospitalized and found to be suffering from a fungal infection and rotten teeth. Shortly after, Stroll’s children discovered Stroll’s apartment was filthy, smelled strongly of urine, and that the refrigerator was empty. Upon review of Stroll’s finances, Stroll’s children discovered Rios had withdrawn $67,500 from Stroll’s accounts in the preceding seven months by writing checks to herself, some of which were written after Stroll’s hospital admission. Rios failed to produce the check register when asked. After Stroll’s death, Margaret Blevins (plaintiff) sued Rios for financial elder abuse, seeking to recover the $67,500 and to void the change-of-beneficiary form that made Rios the beneficiary of Stroll’s Veterans Affairs life insurance policy. Blevins showed that Stroll’s monthly expenses were approximately $1,400. Rios challenged, arguing that Stroll authorized her to withdraw the $67,500 to cover (1) Stroll’s care expenses; and (2) an approximately $16,000 cash gift from Stroll to Rios. Rios did not present any evidence supporting her arguments. Rios admitted she had a fiduciary and confidential relationship with Stroll. The trial court ordered Rios to reimburse the estate for the misappropriated funds, less the $13,000 in salary to which she was entitled, and voided the change-of-beneficiary form. Rios appealed.