EDWARDSVILLE — A man claims his sister and niece exploited his 95-year, mentally disabled mother by obtaining power of attorney and then depleting her bank accounts and disposing of her assets.
James Baker filed a complaint June 23 in the Madison County Circuit Court against Phyllis Lambird and Kaley Outland, alleging undue influence, breach of fiduciary duty, exploitation and other claims.
According to his complaint, Baker and Lambird are the two surviving children of Jean Baker who died on Jan. 12, 2021, at the age of 95. Outland is one of Jean Baker's four grandchildren. The plaintiff claims Lambird obtained a power of attorney for her mother. As power of attorney, Baker claims Lambird and Outland moved into the decedent's residence prior to her death. Baker alleges that in November 2018, his mother became "mentally disabled" and changed her will to name Lambird as the sole beneficiary and Outland as the sole successor beneficiary. Baker claims the defendants then depleted his mother's bank accounts, made themselves title owners and beneficiaries of certificates of deposits and retirement accounts and disposed of assets. Baker alleges the defendants exercised undue influence over his mother and that Lambird breached her fiduciary duties.
Baker seeks compensation of more than $50,000, interest and all other proper relief. He is represented by Joseph Harvath of Byron Carlson Petri & Kalb LLC in Edwardsville.
Madison County Circuit Court case number 21-L-000727