ATTORNEY NEWSLETTER
Multiple Elderly Victims
Caregiver Accused Of Forgeries And Theft
Nursing Facility And In-Home Patients Victimized
Financial elder abuse is a risk for seniors whether they live in a care facility or in their own homes under the care of an in-home caregiver. Some unscrupulous caregivers prey on multiple victims as the reported case, discussed below, illustrates. Financial elder abuse ranges from outright theft of cash, jewelry, checks, credit cards, or other property, obtaining phone or online access to a senior’s bank account, opening new credit card accounts, redirecting Social Security or other benefit checks or elaborate schemes to re-write a senior’s estate plan to benefit the caregiver. Regardless of the scale, every single time a senior’s property is taken for a wrongful use it’s an act of financial elder abuse. Cal. Welf. & Inst. Code § 15610.30(a)(1). Anyone who assists in the wrongful taking of a senior’s property also commits financial elder abuse. Cal. Welf. & Inst. Code § 15610.30(a)(2). California law broadly defines financial elder 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 suspect financial abuse of an older loved one in Alameda County or elsewhere in California by a caregiver or anyone else, call Evans Law Firm, Inc. today at (415)441-8669 and we can help. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Sentencing
A former in-home and facility caregiver has recently been sentenced to 7 ½ to 20 years in State prison on felony and misdemeanor counts of financial elder abuse, theft and fraud.[1] In the case, authorities allege that the individual, employed as a caregiver at a long-term care facility, stole credit cards, Social Security cards and driver’s licenses, from four elderly residents, ages 99, 97, 91, and 87, all of whom suffered from dementia. According to investigators, the individual then used the cards and information to open new credit card accounts in their names. Police also allege that the caregiver used the stolen credit cards to make purchases for herself. Following her discharge from the facility, authorities say the caregiver then worked as an in-home caregiver and continued her financial elder abuse of her clients. According to police, while employed as an in-home caregiver, she stole cash from one elderly client, age 87, and debit card information belonging to another elderly client, age 87, using the debit card information to make purchases for herself. She also allegedly forged checks belonging to two additional elderly individuals and used another person’s identity to open bank accounts in order to deposit these checks. She allegedly used account information associated with one of the checks to make purchases for herself.
Contact Us
This pattern of facts occurs all too often. Do not allow any caregiver, whether in a senior’s home or in a facility, access to financial information. Never, ever give a caregiver a Power of Attorney, credit card, or 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.
