We have an elderly man, bedfast (partially paralyzed in car wreck), whose 12 hot checks plus fees now total over $2,400. Apparently he had been signing blank checks and one or two of his daughters took them to merchants and obtained either goods and services or just cash. One of the daughters had been paying a little each month, but now that has stopped. We filed information and obtained a warrant for the man, but obviously the Sheriff can't take him to jail on a gurney.

Am I correct that the daughters have no liability?

Where do we go from here?

Were any of the daughters sufficiently aware of his circumstances that they could be parties to the offense, such as power of attorney, knowledge of his bank resources, etc.?

Rick, probably so but we haven't gotten to the bottom of the living/banking arrangements yet.

Your situation is a variant on the 3rd party check problem.

In a classic 3rd party check situation, the bedridden guy would have made a check payable to his daughter, who would then have indorsed it to the merchant. She would have civil indorser liability, but no criminal responsibility absent knowledge that the check was no good.

For a theft by check case, though, you need to have the exercising of control over property by deception.The deception would be the (hidden) knowledge that the check was no good.

To convict a daughter, you will have to prove she knew the checks were no good.

Perhaps this would be a good time to suggest that the merchants not take checks signed by someone who is not present.

Rick, J.S., thanks.

J.S., unfortunately the owner of the supermarket is shady, the manager is overwhelmed, and all the checkers are 15 y/o girls.