ATTORNEY NEWSLETTER
Accused Of Stealing Over $35,000 From Elderly Couple
Husband And Wife Both Wheelchair-Bound
Protecting Older Loved Ones
Access to sensitive financial information is fre4quently the means by which dishonest caregivers and others steal from elderly people. We at Evans Law Firm, Inc. see these kind of financial elder abuse cases practically every day. We cannot emphasize enough how important it is to keep such information off limits to protect your older loved ones from financial elder abuse. Often the amounts taken start at small and then once the abuse senses they are getting away with their crime, the amounts increase. Sometimes, the abuser strikes suddenly making multiple unauthorized purchases or money transfers in a very short amount of time. Whatever the “form” or frequency 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 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 is a victim of elder or dependent adult abuse or neglect in Alameda County or elsewhere in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example
In one reported case, [1] two women have been arrested on suspicion of stealing more than $35,000 while serving as caregivers of an elderly couple who need assistance at all hours, according to authorities. The local Sheriff’s Office in the case was alerted to a potential elder abuse case after an anonymous tipster called to report the incident. Following the tip, Sheriff’s deputies began their investigation into the alleged theft from a husband and wife who each use a wheelchair. The suspects — a 29-year-old woman and a 44-year-old woman — were arrested. The 29-year-old woman is accused of swiping at least $15,000 while her alleged counterpart is accused of taking at least $20,000 over four months from the disabled husband and wife, deputies said. Each woman had direct access to sensitive financial information and exploited it for their respective personal uses, a spokeswoman for the Sheriff’s Office, wrote in an email. “This is an example of a crime of opportunity,” the spokeswoman added. The women were also both arrested on suspicion of being a caretaker and stealing from an elderly person, conspiracy and creating false checks.
The investigation is ongoing, deputies said. “The level of abuse in this case is upsetting,” one deputy said in a statement posted online. “This husband and wife require around the clock care and depend on caregivers to help them live comfortably. Instead of comfort and care, exploitation and financial thievery occurred.”
Protecting Seniors From Financial Abuse
The reported case illustrates just how risky it is when a dishonest caregiver or other person accesses an elderly person’s credit or debit cards or personal information for online access to cards and accounts. For this reason, we always recommend that you keep all cash, checks, account numbers, credit and ATM cards and confidential information like date of birth and Social Security numbers in a safe place, far from the reach of any caregiver or nursing home staff member or other stranger. Have the statements mailed to your home so others cannot open a senior’s mail and obtain confidential information that way. Also, you may want to put other valuables like jewelry and silver in a safe place too as those valuables can be quickly taken and pawned before an elderly victim is even aware they are missing. Always monitor a senior loved one’s checking and credit card accounts; take a look at all accounts 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 kind of abuse of an older loved one in Alameda County or elsewhere in the San Francisco Bay Area, 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.
