Trial starts for professional guardian accused of exploiting person under his care

PINELLAS COUNTY, Fla. — The trial of a former professional guardian accused of financially exploiting a disabled man under his care began Monday.

He is charged with 2nd degee Exploitation of an Elderly or Disabled person, accused of taking about $20,000.

Detectives arrested Fernando Gutierrez in 2017, alleging at the time that he took money from an elderly woman and her disabled son using a power of attorney agreement.

One count was dropped a few weeks ago by prosecutors.

In the order, State's Attorney Bernie McCabe said, "investigation has revealed that breach of fiduciary duty cannot be proven since the victim is deceased."

At the time of his arrest, he was the guardian, power of attorney or health care surrogate for more than 50 people.

Today he looked on as attorneys from both the defense and prosecution questioned about three dozens potential jurors.

They asked prospective jurors about everything from their occupations, to their favorite movies, to their own experiences with crime and law enforcement.

Late afternoon, a jury and alternates were seated, equally divided among men and women.

The I-Team first investigated Gutierrez in 2016, after learning that he had been investigated multiple times by local and state law enforcement agencies.

He was also under investigation by the Pinellas County Inspector General's Office at that time.

The Pinellas County IG's office learned he had been banned from a local hospital, after he allegedly parked in physicians' parking spaces and wore a lab coat to gain access to potential clients.

Gutierrez admitted to us at that time he had no medical training.

But he had served on the board of directors of the Pinellas County Guardianship Association.

Police charged Gutierrez with the felony crimes in 2017, after alleging he used power of attorney agreements to bilk an 86-year-old woman and her disabled son.

"He’s used that money for various things, like paying his kid’s tuition. paying his mortgage," the prosecutor said during his bond hearing last year.

In his opening statement, Gutierrez' attorney said his client was fairly compensated for work done on behalf of his client.

Prosecutors say they will prove he took advantage of a vulnerable elderly victim and exploited him using an agreement he didn't understand.

Full Article & Source:
Trial starts for professional guardian accused of exploiting person under his care