ATTORNEY NEWSLETTER
All Seniors Potential Victims Of Financial Elder Abuse
How To Protect Senior Loved Ones
Remedies For Financial Elder Abuse
Seniors at every economic level, rich or poor, married or single, male or female, straight or LGBTQIA+ are potential victims of financial elder abuse. Often, the financial abuser is a dishonest caregiver or other stranger working in a senior’s home with access to their checkbook, credit cards, and confidential financial information. Such an individual may start out stealing relatively small amounts of money or making minor unauthorized purchases with a senior’s credit cards. However, if the unscrupulous person believes he or she is getting away with the theft, the amounts invariably increase over time. 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 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 has been the victim of elder abuse in Alameda County or elsewhere California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Protecting Older Loved Ones
Below are a few important steps you can take to protect an older loved one from theft. If you suspect a problem, report any suspicions and call elder abuse counsel to pursue all civil remedies available.
• Always run a background check and contact references for any in-home caregiver before hiring them. Check out the agency’s record too.
• Keep cash and jewelry out of reach of any caregiver or care facility aides at all times.
• Always keep Social Security numbers and account numbers in a secure place, off limits to any in-home caregivers.
• Caregivers should not see any Trust or Will. The senior’s financial affairs and estate planning documents are none of their business.
• Do not permit a caregiver to run errands with a senior’s credit card or use an ATM to get cash for the senior.
• Never make a caregiver an authorized signer on a bank account or grant a Power of Attorney to a caregiver or show them a trust, Will or other financial papers.
• Frequently review the senior’s bank statements, records and mail. You may want to redirect the mail to your home so others do not have access to it.
• Speak to the senior alone, without the caregiver present, to find out any problems they may be having.
Pursuing Remedies For Injured Seniors
If you suspect financial elder abuse of a loved one 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 will pursue all available remedies against those responsible for the financial elder abuse of the senior, including damages, rescission (undoing a fraudulent transaction), restitution (getting your money back), extra damages (to punish illegal behavior), and the award of attorneys’ fees and costs for bringing your action.
