ATTORNEY NEWSLETTER
Another Caregiver For Victim Alerts Police
Forced Withdrawal At ATM And Forged Checks
Financial Elder Abuse, Larceny And Forgery Charges
Financial exploitation of seniors can be subtle like online transfers of money in their account or online purchases with their credit card. But financial exploitation can also be brazen as when a caregiver or other person takes a senior to an ATM machine and forces them to give them their PIN to make a withdrawal or threatens the senior that if they don’t give them money something bad will happen or they will abandon them. Whether the financial elder abuse is brazen or more subtle, it’s still a crime. 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 Contra Costa County or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrested For Larceny, Financial Elder Abuse And Forgery
In a recently reported case, [1] a caregiver has been arrested and charged with financial elder abuse, larceny and forgery for several acts allegedly perpetrated by the caregiver against her elderly patient. According to reports, police received a call from another caregiver for the elderly victim alerting police that the woman might be a victim of financial elder abuse by another caregiver working for her. Police then investigated the report and found various incidences of abuse that were being perpetrated against the woman. First, police determined that the caregiver in question had taken the senior to an ATM machine and demanded her PIN so that the caregiver could withdraw hundreds of dollars. Next, police say they discovered three forged or missing checks. Police said that the caregiver had cashed one check, attempted to cash a second and had a third stolen check in her possession when she was arrested.
Protecting Seniors From Financial Abuse
We cannot urge strongly enough that a caregiver should never have access to a senior’s cash, checks, ATM cards or credit cards. Ever. A dishonest caregiver or other stranger in a senior’s home will grab whatever they can get. Keep cash, checks and cards out of their reach. But don’t stop there in protecting your older loved one as online or phone access to accounts can also be a method for getting money. Regularly monitor all of a senior’s accounts; view account activity online every day if you can. Start your due diligence sooner too. Always do a background check on anyone you hire as a caregiver; get references and call them. Never, ever give a caregiver a Power of Attorney, ATM card, 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 Contra Costa County or anywhere else in the Bay Area or throughout the State of California, 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.
