Paisley man who stole £30k from dementia-stricken father sentenced

James Kelly, 64, took the money after being appointed financial and welfare guardian for his dad, also called James, who was a full-time patient within the Acute Admission Unit at Dykebar Hospital, Paisley. 

He was sentenced at Paisley Sheriff Court on March 3, 2025 after pleading guilty to a charge of embezzlement. 

Kelly was given a one-year Restriction of Liberty order and also received a Community Payback Order with two years supervision

Mr Kelly senior, who was 88 when the crimes were committed, has since passed away.

The court heard how Kelly was appointed by the court as the financial and welfare guardian to his father in October 2015 due to his father’s dementia. 

Under this agreement, he was required to submit bank statements in relation to his father’s accounts for review to the Office of the Public Guardian. 

The court also heard how his son used the cash to buy clothes, CDs and concert tickets.

 In May 2017, an official within the Office of the Public Guardian noted the high and frequent cash withdrawals from Mr Kelly senior’s account during the time he was a patient at Dykebar Hospital. 

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Altogether, it was estimated £30,000 had been withdrawn over a 14-month period between March 2016 and May 2017. 

Following an account review, Kelly admitted stealing the money and using it to fund his own lifestyle.

The matter was then reported to Police Scotland following which Kelly was arrested. 

David Bernard, procurator fiscal for North Strathclyde, said: “James Kelly was entrusted to oversee his father’s financial affairs.  

“Instead, he committed a betrayal of that trust by taking advantage of his position as guardian to embezzle money from his incapacitated father.  

“The public will rightly be shocked by his conduct. 

“He embezzled a significant sum of money and, as prosecutors, we take such criminality very seriously.”