ATTORNEY NEWSLETTER
94-Year-Old Victim Required In-Home Care
Caregiver Allegedly Falsified Victim’s Checks
Accused Of Defrauding Victim Of $35,300
We often share with you news stories of the ways in which seniors and dependent adults under the care of in-home caregivers, have been victims of neglect, physical abuse and financial abuse. Financial elder abuse in these circumstances often takes the form of stolen cash or checks or unauthorized credit card purchases or online access to accounts. But financial predators can also be more subtle and may try and hide their fraud through falsified records and similar schemes, an example of which is described in more detail below. But whatever the “form” or size of financial elder abuse, any taking of a senior’s property, or any assistance in that taking is a crime and grounds for civil liability. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse). California broadly defines what constitutes financial elder or dependent adult abuse:
(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
If you or a loved one is a victim of elder or dependent adult abuse or neglect in AlamedaCounty, or in San Francisco or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Accused Of Falsifying Victim’s Checks
In a recently reported case, [1] a caregiver has plead guilty to grand larceny in a case involving the caregiver’s alleged fraud against a 94-year-old woman for whom the care acted as an in-home health aide. According to the District Attorney prosecuting the case, the caregiver falsified personal checks she received from the victim as payment for services provided over a seven-month period. Police compared the timecards and cashed checks and determined that the caregiver had obtained $35,3000 in excess payments from the victim in just a matter of months. The caregiver will be sentenced this summer, according to reports.
Contact Us
Careful monitoring of a senior’s checking account – and close review of cancelled checks – may have caught the reported fraud in this case sooner than eight or nine months. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. But start your due diligence sooner too. Always do a background check on anyone you hire as a caregiver; get references and call them. Never, ever give a caregiver a Power of Attorney, credit card, or a blank check. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation. If you sense any kind of abuse of an older loved one, call us right away. Ingrid M. Evans has years of experience in representing seniors and their families against abusers of any kind, including in-home caregivers. You can reach us at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the case in any way.
