Caregiver accused of taking money, house from elderly man
MEMPHIS, Tenn. — A Memphis caregiver is being sued for allegedly stealing a house and over $200,000 from an 89-year-old man she was supposed to be looking after.
Ebony Sutton and two others are named in the lawsuit filed in Shelby County Probate Court by the estate of Archie Foster.
The suit claims Foster had a mental illness when Sutton started to work for him in early 2022, and she persuaded him to give her power of attorney, sign over ownership of his Parkway Village home, and give her access to his bank accounts.
“She’s charging like $1,800 -$2,000 a week to work there, and then she has her name put on the bank account, which leads to her making cash withdrawals,” said Attorney Gary Jewel. “For Christmas, she gives herself $5,000.”
Copy of lawsuit filed by Archie Foster’s estate Download
Jewel said Sutton also sold Foster’s prized Cadillac and financed two vehicles with his money. He said she eventually kicked Foster out of his home and got rid of his belongings.
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“She took him to the nursing home, the Quince Nursing Home, because he had mental issues. He had some Medicare left, so it’s paying for it, and she proceeded to throw all the stuff away and move her and her seven children into the house,” said Jewel.
In September, a probate judge ordered Foster’s brother to serve as Conservator of Foster, have Sutton removed as a signatory to any of Foster’s financial accounts, and declared the quit claim deed on Foster’s home null and void.
Sheila Gray, the notary public who helped Sutton file the quit claim deed, and Universal Surety of America, the insurance company that issued a notary bond for Gray, are named in the complaint that seeks to recover estate assets for the unauthorized practice of law and for negligence in carrying out duties as a notary public.
Jewel said everything was gone when Sutton moved out of Foster’s house, including his furniture, personal belongings, and appliances.
“The man literally is sitting over in the nursing home right now with just a few clothes his brother brought him,” said Jewel. “I’ve never seen anything quite as bad as this. Lawyers who do probate suits see all kinds of things and things where elders have been abused, but I thought, my goodness, this one has taken everything.”
The lawsuit seeks actual damages of $400,000 and punitive damages of $200,000 from Sutton.
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