When Gaynette Holder applied for a job with We Care home help agency in 2005, there was nothing to suggest to her prospective employers that she was anything other than a normal middle-aged mother looking for work.

The 47-year-old had a clean criminal record, had done similar work before and her references came back fine, according to Shawn Butterfield, whose mother owns St. George's-based We Care.

"She had good service," he told The Royal Gazette. "The other people she had cared for had passed of natural causes. My mom gave her the chance of a job."

But within weeks of being taken on, Holder had so inveigled herself into the life of elderly client George Welch — who suffers from dementia — that she was able to persuade him to sign a letter saying she would work directly for him, cutting We Care out of the picture.

"She gave us a letter saying we would no longer be employed," said Mr. Butterfield. "We had actually just hired her to work before that."

Middle-aged fraudster Holder, of Park Lane, Pembroke, went on to steal some $32,000 from former ship's captain Mr. Welch, gaining "total control" of his life, according to prosecutors.

On Monday, she was found guilty at Magistrates' Court of 14 counts of theft and imprisoned for a year for her crimes, perpetrated against a vulnerable elderly man with no living relatives on the Island.

Acting Magistrate Graveney Bannister also ordered Holder to pay the money back to 101-year-old Mr. Welch — or face further jail time.

Holder abused her position of trust and exploited Mr. Welch three years before a law was passed aimed at punishing crooks like her — and preventing them from working with pensioners again.

The Senior Abuse Register Act 2008, as its name suggests, paved the way for a Government database to be set up listing the names of offenders convicted under the same law of abusing elderly people.

Anyone now wishing to employ a caregiver — be it in a private home or residential facility — can apply to check for their name on the list.

But the law is not retroactive and Holder's name will not be added to the register, according to Corita Saunders, from the National Office for Seniors and the Physically Challenged (NOSPC).

Ms Saunders said she thought it unlikely that Holder, living in a tiny community like Bermuda, would get the opportunity to offend in the same way again.

"As a matter of natural justice, the person cannot be subject to legislation; the Senior Abuse Register Act 2008 was not in effect when the offences took place," she said.

Ms Saunders, Government's coordinator for seniors, added: "Potential clients will know about the convicted person by contacting or putting in writing their concern to the Registrar of the National Office for Seniors and the Physically Challenged.

"The office would be in a position to provide information, even though the name is not recorded in the register. A confidential file is kept with documentation about the abuse."

She said coverage in this newspaper about the case clearly identified Holder and a photograph was visibly posted at the NOSPC to alert potential clients not to employ her. "Bermuda Police Service also has a record of the abuser," she said.

Holder was interviewed by Mr. Welch's relative Esther James-Liverpool, who flew in from the States specifically to meet her, before she was allowed to look after him.

But she managed to pass herself off as a religious, family-orientated mother and was only caught out months later when a family friend suspected that all was not well at Mr. Welch's St. George's home.

Ms Saunders said families seeking to hire caregivers needed to do "due diligence". "Educate yourself around the topic of caregiving so that you can make informed decisions, by going on the Internet or calling our office for information," she said.

"Make sure that you choose suitable caregivers who like working with the elderly and can show proof of their education or training and experience with the elderly.

"Check amongst your friends and families and inquire about who they have hired in the past. Would they recommend someone? In this case, communication is the key."

Ms Saunders said qualified caregivers have to be registered with the Bermuda Nursing Council, which allows families to visit its Point Finger Road office to check on the credentials of a potential employee.

The NOSPC requires all potential applicants for residential care homes and nursing homes to be screened.

"There is a process prior to employment and a completed application form is done," she said, adding that the process included obtaining copies of the applicant's training certificates, a criminal record check and character references.

Other legislation and policies aimed at protecting elderly people from abusive caregivers include an amendment to the Human Rights Act in 2000, Domestic Violence (Protection Orders) Act 1997, the Residential Care Home and Nursing Home Act 1999, the Residential Care Home and Nursing Home Regulations 2000, Standards for Residential Care Homes and Nursing Homes, Medication Manual, the residential Care Home Manual and the Community Nursing Service.

Ms Saunders said that where Department of Health professionals were involved in providing personal and nursing care to families they were required to report suspected elder abuse.

Despite all the safeguards in place, Holder managed to financially exploit Mr. Welch, moving her family rent-free into his home, taking his belongings, clearing out his life savings and relegating him to the back of the house. For him, the Senior Abuse Register Act came too late.

• The NOSPC can be contacted on 292-7802 and Bermuda Nursing Council is on 236-0224.