ATTORNEY NEWSLETTER
Caregiver Accused Of Stealing $10 Million From Victim
Money Spent On Beach Home, New Cars And Cosmetic Surgery
Victim In Assisted Care Facility
Seniors who live in assisted care facilities are at risk of financial abuse by caregivers in much the same way as those seniors still living at home with in-home caregivers. A recent new story, discussed below, describes just how extensive such abuse can be. Theft from seniors may occur by use of a power of attorney over their affairs. We cannot emphasize strongly enough that a senior should never, ever, grant a power of attorney to a caregiver or add a caregiver as an authorized signer on a checking account. Any wrongful takings of a senior’s property, or any assistance in that taking, with or without the senior’s power of attorney are crimes 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 financial elder abuse in Hillsborough or elsewhere in San Mateo County, call us today at (415) 441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Sentenced For $10 Million Theft
According to officials in one reported case, [1] a caregiver took advantage of an assisted living facility resident when she became her power of attorney, stole her life savings and spent millions. With the woman’s money, officials say the caregiver bought two homes worth over $1 million each, including a beach house, as well as several cars worth $120,000 and spent $86,000 on dental implants. In total, the district attorney said the caregiver stole $10 million from the woman who lived at an assisted care facility where the woman worked. The case dates back over six years, when the caregiver became the woman’s power of attorney, according to prosecutors. Once she obtained the elderly woman’s power of attorney, the caregiver began draining the woman’s accounts and transferring the cash to herself, according to the attorney general’s office. In total, she swindled $8.5 million from the woman and took over her personal and real property worth more than $1.5 million, the release said. Following her arrest, the caregiver plead guilty to various counts and was sentenced to 20 years, including five years in prison.
Protecting Seniors From Financial Elder Abuse
Never, ever give a caregiver or “helper” or care facility employee a Power of Attorney. Misuse of a POA is grounds for civil liability of twice any amounts taken and attorneys’ fees for the victim. Probate Code § 4231.5. Where the principal is over age 65 or a dependent adult (such as in the reported case above) the misuse also constitutes criminal and civil financial elder/dependent adult abuse under California law. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30. Both the Probate Code and the Elder Abuse Act grant the injured senior attorneys’ fees and expenses incurred in suing to get their property back. Probate Code § 4231.5(c); Cal. Welf. & Inst. Code § 15657.5.
Contact Us
Ingrid M. Evans can represent you if an agent has misused a Power of Attorney granted by you or an older loved one in Hillsborough or elsewhere in San Mateo County or elsewhere in the San Francisco Bay Area. If you need help, call us today at 415-441-8669 or toll free at 1-888-50EVANS (888-503-8267).or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Ingrid will pursue all remedies available against the agent, including attorneys’ fees and expenses for the older person required to bring an action based on the agent’s wrongful conduct.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
