ATTORNEY NEWSLETTER
Reported Case Example
Over 100 Fraudulent Credit Card Charges
Protecting Seniors
Stolen checks, credit card theft, missing cash and valuables, stolen identity, unauthorized online money transfers, forgeries -all of these crimes are among the forms of financial elder abuse perpetrated on older persons. 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.
Cal. Welf. & Inst. Code § 15610.30.
Whatever the “form” or frequency or size of financial elder abuse, under this broad statutory definition, any taking of a senior’s property, or any assistance in that taking is a crime and grounds for civil liability of the person doing the taking and anyone assisting him or her. California Penal Code § 368. In one reported case, discussed below, a caregiver allegedly made over 100 unauthorized charges on a elderly person’s credit card. If you or a loved one is a victim of financial elder abuse in San Francisco call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267). In certain caregiver fraud cases, Evans Law Firm represents victims on a contingency basis, meaning the firm is paid a percentage of any recovery and no upfront fees are paid by the victim to start the case.
Case Example
In a recently reported case, [1] a caregiver has been arrested for reportedly making more than 100 fraudulent charges on an elderly patient’s credit card. Within a one-week span, the arrested caregiver allegedly ran up $8000 in fraudulent charges. The victim’s nephew was notified of the potential fraud after another family member had noticed that the elderly woman’s credit card was missing during a visit. “It’s heartbreaking to think that one person could cause so much damage to someone who’s vulnerable and doesn’t deserve for these things to happen. I started calling the financial institutions to have the cards canceled,” the nephew said. One of the card issuers would not let him cancel the card because he was not listed on the account. The charges against the caregiver are still pending.
Protecting Seniors From Fraud
Always do a background check on any caregiver before he or she is hired. Ask for references and check them. Once the caregiver is on the job have the timecards sent to you so you can verify their accuracy. There are other important steps to follow as well to prevent more elaborate schemes of financial abuse. 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. 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.
Contact Us
If you sense any financial abuse of an older loved one in San Francisco, 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.
