Home health nurse sued, family asks for return of property

A former home health nurse, indicted this month by a Whitley County grand jury for swiping assets from an elderly woman in her care, is now being sued by her alleged victim and the woman’s guardian.

Eldora Meadows, through her guardian Mamie Ione Siler, filed a civil lawsuit in Whitley Circuit Court Sept. 22 against Janice Shupe and her husband Phillip demanding the couple return a vehicle, money and property to her which she claims they took while Janice Shupe was caring for her in 2008.

According to the lawsuit, Janice Shupe became associated with Meadows when she was employed to assist her with "cooking, cleaning" and other daily routines in May, 2008.

On May 13, Shupe obtained Power of Attorney of Meadows "through coercion and undue influence … with intent to defraud," the lawsuit claims.

Shupe apparently quit her employment with "Cumberland Valley" when she was told by a local social worker that she was violating the company’s policies. Subsequently, she and her husband moved in with Meadows.

According to the suit, Phillip Shupe took possession of Meadow’s vehicle, a 2007 Chevrolet Cobalt, and "fraudulently" titled it in his name on June 1, 2008 using his wife’s Power of Attorney.

"He fraudulently informs the Tax Assessor he paid $4,300, half of the Kelly Blue Book Price, at the time."

No money was ever deposited in Meadow’s account for the vehicle.

The lawsuit also claims that the Shupes wrote numerous checks on Meadow’s account, inserted Janice Shupes name on checking and savings accounts as well as certificates of deposit, and even convinced her to deed them her house as a life estate – she can live in it until she dies, then they take sole possession of the property. The deed shows they paid $75,000 for the property.

But through Williamsburg attorney Greta Price, Meadows and Siler say the money was only paid after family members started asking questions about the sale in August. In the lawsuit, they are asking for proof the Shupes didn’t simply use Meadow’s own money to buy the home.

Peggy Siler Provost, Meadow’s neice, said Meadows was hospitalized for a stroke in early 2008 and it was recommended she have a home health nurse when she was discharged. Shupe, she said, was the nurse assigned to her aunt. She said her aunt, who is 80-years-old, suffers from dementia and other physical ailments.

Provost claims the Shupes had their name on "well over $250,000" worth of certificates of deposit up until Siler was granted guardianship. She said police agencies were reluctant to investigate the case and that prosecutors advised her the case had to be handled through a civil lawsuit. She said it wasn’t until the state’s Attorney General got interested in the case that the ball got rolling locally.

The lawsuit asks that the deed made to Janice Shupe be cancelled and that the couple prove they didn’t use $75,000 of Meadow’s money to buy the home. It also asks that the vehicle be transferred back to Meadows and that the Shupes pay for the decreased value of the car.