A Floyd County woman is suing the owner of two local assisted living facilities for more than $2.9 million in damages — alleging he violated state regulations by using her personal checking account for nearly 5 years.

Daisy Mae Clark, 73, was a resident in both Grace’s House assisted living facilities between July 2004 and March 2009, according to the 421-page complaint filed Friday in Floyd County Superior Court.

The suit states the alleged violations began in November 2004 when Thomas Richard Williams obtained Clark’s power of attorney, then began making deposits into and withdrawals from her personal checking account.

The financial exchanges in question range from small amounts to larger denominations of well over $1,000.

“He’s using her account as his own personal account — which he can’t do,” Clark’s attorney Mike Prieto said.

Drew Graham, the attorney representing Williams and his insurance company, declined comment Sunday, saying he had not yet been served with the complaint.

Williams owns and operates Grace’s House in Cave Spring and Grace’s House Two in Silver Creek.

His wife, Doris Williams, and employee Dorothy Pendergrass are also named in the suit.

The suit states that Williams unlawfully mingled his personal and business funds with Clark’s assets. In addition, funds from the accounts of other assisted living residents also were deposited in Clark’s accounts.

“Not only was it a violation of state law for Thomas Richard Williams to have obtained power of attorney over Ms. Clark, but that it was a violation of federal and state law for him to commingle his own funds and that of his corporations with Ms. Clark’s personal funds,” the lawsuit states.

Prieto said Clark could be awarded the actual damages or $1,000 for each of the 2,958 violations, whichever is greater.

Clark also is asking for a return of the money she paid Williams while she was in the nursing home, as well as damages for mental anguish caused by his actions.

While Clark was aware Williams was using her account, Prieto said, she was under the impression that he was only using it to pay for her needs.

In addition, he said Clark was not given access to her account records — and the times when she was allowed to leave the home, she was not given her identification.

“They were keeping her captive in the nursing home,” Prieto said.

In March of 2009 Clark visited her daughter, this time with identification, and checked the activity on her account. It was at this time she discovered Williams had joint access to her account and that there had been a great deal of activity over the past five years, the suit stated.

Clark closed the joint account and requested copies of her bank statements and copies of all the checks written to and from the account from the previous five years. She also revoked the power of attorney given to Williams.

Click here to see a map of the Grace’s House assisted living facility in Silver Creek.