Jan 21, 2025

Hays woman pleads guilty to misusing $388,000 in grandparents' money

Posted Jan 21, 2025 7:47 PM

By CRISTINA JANNEY
Hays Post

 A Hays woman pleaded guilty in Ellis County District Court on Tuesday to misusing up to $388,000 of her grandparents' money.

Mallory Harshbarger, 35, of Hays, pleaded guilty to one count of mistreatment of an elder person, a level five person felony.

A second count of mistreatment of an elder adult was dropped.

Harshbarger was appointed as her grandparents, Fred and Georgine Barber's, durable power of attorney on Jan. 5, 2018. 

According to Rebecca Silvermintz of the Kansas Attorney General's Office, Harshbarger made purchases from July 23, 2020, to Oct. 15, 2021, that were not in the interest of her grandparents. Georgine Barber had dementia, Silvermintz said.

Harshbarger was removed as her grandmother's durable power of attorney on Oct. 15, 2021.

Fred Barber died in September 2021. Georgine Barber died on Dec. 6, 2024.

Harshbarger could face a prison sentence between 31 and 136 months in prison. She is also facing restitution of between $100,000 and $388,000.

According to Georgine Barber's obituary, she has three living children, additional grandchildren and great-grandchildren.

Although the sentence in this case would be presumptive prison, if a pre-sentence investigation determines Harshbarger does not have a prior criminal history, she could be sentenced to probation.

Harshbarger's attorney, Colton Eikenberry, said Tuesday he intends to request probation at the sentencing.

The prosecution said it will stand silent, which means it will not make a recommendation during sentencing.

Harshbarger's sentencing and restitution hearing are set for 1:30 p.m. April 22.