A Paisley woman has narrowly avoided a jail sentence after embezzling £20,000 from her unwell father.
Claire Morrison pocketed the cash between September 1, 2020 and August 31, 2022 while in the position as a court-appointed financial guardian for her dad.
Morrison, of Marjory Drive, claimed she used the cash to help others with the intention of repaying.
However, the 42-year-old lost her job and, as well as not being able to repay the funds she had stolen, she continued to take more money from her father’s account while he was in a care home.
Defence agent Paul Lynch told Paisley Sheriff Court, social workers had prepared a “very detailed report” and added Morrison realises “given the seriousness of this offence, the custody threshold has been reached”.
Mr Lynch added: “But I seek to persuade you there are alternatives available.
“Ms Morrison has never had a custodial sentence before and giving consideration to a community payback order, this could be imposed with a number of requirements including compensation and unpaid work.”
Mr Lynch also told the court Morrison could make repayments and added: “Another significant factor is repayment. Ms Morrison has £5,000 she can pay within 28 days as part of a compensation order and offers to make monthly instalments thereafter.
“This woman wasn’t embarking on a lavish lifestyle. She was helping others.”
Sentencing, Sheriff Colin Pettigrew stated: “Although this is your first conviction, Mr Lynch is right to recognise, on your behalf, this is a serious offence.
“The court placed you in a position of financial guardian to your dad because of his then and current condition. This offence represents a clear breach of trust the court placed in you and the trust it places in financial guardians.
“That being said, I am satisfied you took the money not to fund yourself but to help others with the intention of repaying it but then you lost your job and you couldn’t repay it.
“But then you took further funds to help others and that’s where the level of culpability lies. I would be failing my duty if I didn’t consider all alternatives. The custody threshold has been met but the problem is if there is an alternative.
“I take into account you pled guilty, you didn’t try to pull the wool over anyone’s eyes. You’ve expressed remorse and I take into account your age and that this is your first offence. I will impose a direct alternative but it cannot be and it will not be a soft option.”
Sheriff Pettigrew made Morrison subject to supervision of the social work department for two years and ordered she carry out 250 hours of unpaid work within the community.
In addition, Morrison was ordered to pay £5,000 in compensation within 60 days. Thereafter, a compensation order was made for £2,250 and Morrison was ordered to pay that at the rate of £125 per month.
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