ATTORNEY NEWSLETTER
Withdrawals From 92-Year-Old Victim’s Account
Forged Checks Totaling $137,000
Another Caregiver Helps Victim Discover Thefts
Financial elder abuse of a senior may include unauthorized use of credit and debit cards and ATMs and forged checks. Whenever a caregiver or other stranger is in a senior’s home these are all very real dangers. Unauthorized charges and withdrawals and forged checks are crimes but financial elder abuse itself is a crime and basis for civil liability against the person who took the property ad anyone assisting them. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2). Financial elder abuse is broadly defined under California law:
(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 has been the victim of financial elder abuse in Alameda County or anywhere in the Bay Area or throughout California, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Sentenced To Five Years For Stealing From 92-Year-Old
In one reported case,[1] a caregiver has been sentenced to five years in prison for stealing more than $315,000 from a 92-year-old woman by using the victim’s debit card and forging checks from her bank account. The caregiver was also ordered to pay restitution. The elderly victim will receive more than $50,000 immediately, including $34,000 in bank account assets and $17,000 in cash found on the caregiver when she was arrested, according to a news release from the District Attorney’s Office. The case alleged that the caregiver stole the victim’s debit card and personal identification number to make multiple daily cash withdrawals of $500 at a time, and to make purchases such as gasoline and a computer. The caregiver was also accused of forging 24 checks to herself and her husband for more than $137,000. The thefts were uncovered when the caregiver called in sick one day and another caregiver showed the victim a bank statement which had arrived that day in the mail.
Protecting Older Loved Ones
We recommend families keep an eye on older loved ones’ accounts as soon as any caregiver or stranger enters their older persons’ lives. Change the mailing address for bank statements so that they come to you instead of the older person’s home where strangers can see account numbers. Do not allow any caregiver access to cash, credit cards, checks, and financial information. Keep jewelry, silver and other valuable possessions in a safe place. Never, ever grant a power of attorney to a caregiver or nursing home staff member. Do not allow a caregiver to take a credit card to go shopping or an ATM card to go get a senior some cash; you’re only asking for trouble if you do. Perhaps most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
If you suspect financial elder abuse of a loved one, friend or neighbor in Alameda County, or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid pursues all available remedies for families and injured seniors against those responsible, including an award of attorneys’ fees and costs for the victim or his or her family. Cal. Welf. & Inst. Code § 15657.5.
[1] Evans Law Firm, Inc. is not involved in the case in any way.
