Manslaughter accused Rosemary Maione witnessed alleged victim Ann Marie Smith’s will
The woman charged with manslaughter over Annie Smith’s death and suspected in the disappearance of her jewellery and inheritance was also a witness her last will, it can be revealed.
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The disability carer charged with manslaughter over the death of neglect victim Annie Smith was a key witness to her last will and testament, the Sunday Mail can reveal.
Ms Smith’s uncle, Glen Smith, is now questioning the lack of safeguards protecting the state’s most vulnerable from financial abuse.
Mr Smith has revealed his niece died with about $150 in her account and had debts of more than $80,000, including four years of unpaid council rates, despite a cash inheritance of more than $325,000 from her father in 2009.
Her carer of seven years, Rosemary Maione, 69, has been charged with manslaughter.
Police are also investigating suspicious circumstances surrounding the draining of a sizeable amount of money from Ms Smith’s accounts and more than $35,000-worth of missing jewellery and property.
Ms Smith, 54, died in April from severe septic shock, multi-organ failure, severe pressure sores, and malnutrition, in what police have described as “disgusting and degrading” conditions.
Evidence shows the cane chair in which Ms Smith spent the last year of life in a sedentary state, and the carpet beneath it, was soaked in urine and faeces.
Her final will, dated December 18, 2013 and sighted by the Sunday Mail, bears the signatures of Ms Maione and a solicitor, though it is not clear who the solicitor is.
Ms Smith’s entire estate has been left to former carers – not Ms Maione – and friends.
Two carers and a female friend, from Hillcrest, are to receive $2000 and two male friends her jewellery and the care of her pets.
One of the men, a former school friend in his 50s who is an executor to Annie’s will, is to receive the remainder of her estate, which includes the Kensington Park house her parents purpose-built for her to live in. The house is currently on the market for $929,000.
Legal documents show the male school friend, who lives in the South-East, initiated probate on July 8, about six weeks after police publicly declared Ms Smith’s death a major crime.
There is no suggestion that the executors, the beneficiaries, or the solicitor who witnessed the will acted improperly or inappropriately.
A solicitor for Annie’s former school friend said: “My client does not wish to provide a comment in relation to those matters at this time.”
A police spokesman said Ms Smith’s will was viewed by police and that no further comment could be made as the case was now before the courts.
He said an investigation into her financial affairs was ongoing and it remained unclear if there was more than one suspect involved.
Mr Smith was not aware of his niece having any previous will to the one made in 2013.
He said the lack of systematic oversight of his niece’s vulnerabilities – physical, emotional and financial – had been an “astounding failure” by Ms Maione’s employer Integrity Care SA, the NDIS and the state and federal governments.
“How can a carer be a witness to the will of the person they are taking care of?” he said.
“And how can probate begin when all the investigations are continuing, including (into) her finances? It simply beggars belief.”
Mr Smith said there needed to be better safeguards covering witness signing of legal documents – including power of attorney – to protect vulnerable people, particularly the elderly and those living with intellectual disabilities.
He said better oversight of the physical, and also financial, responsibilities afforded sole carers of vulnerable people was also critical.
The independent South Australian Law Reform Institute is examining relevant laws after consistent and widespread concern over misuse of legal powers and financial exploitation of vulnerable South Australians.
Ms Maoine is due to appear before the Magistrates Court next year and is on home detention bail caring for her infant grandchild.