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Man pleads not guilty to misspending $45,000 belonging to his father with dementia

A Maple Grove, Minn., man pleaded not guilty Monday in Grand Forks County District Court to misspending more than $45,000 belonging to his father, who lives in a Grand Forks nursing home and has been diagnosed with dementia.

According to court documents, Leo Toay II, 47, gained his father's power of attorney in December 2009 after his mother passed away. Toay had access to his father's bank accounts and was responsible for paying his bills, including the cost of living in the Woodside Village unit in 4000 Valley Square in Grand Forks.

But Garth Rydland, administrator of the nursing home, contacted police last November to report misspending after Toay applied for Medicaid for his father because his father was out of money. At that time, Leo Toay Sr. had more than $49,000 in unpaid nursing home bills.

Police reviewed Leo Toay Sr.'s bank account at US Bank, finding numerous transfers of money to Toay's account, payments to credit card companies and a reserve line of credit taken out on the account.

According to court documents, Toay told police in January he was in debt because he has an obsessive compulsive disorder that causes him to excessively shop. Toay admitted to police that he had spent more than $45,000 to pay down his debt and buy items that did not benefit his father.

Toay II pleaded not guilty Monday to a charge of misapplication of entrusted property, a Class B felony with a maximum penalty of 10 years in prison and a $10,000 fine.