ATTORNEY NEWSLETTER
Isolated Senior Victimized
Financial Elder Abuse And Neglect Alleged
Protecting Older Loved Ones
All seniors are potential victims of financial elder abuse but especially those who are isolated in their homes. Isolated seniors are particularly vulnerable to financial elder abuse when a dishonest caregiver or other stranger enters their home for any period of time. When it occurs, this kind of financial elder abuse often takes the form of stolen cash or checks, unauthorized credit card purchases or ATM withdrawals or transfers of money out of a senior’s accounts online or by the phone. Whatever the “form” 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 Hillsborough or elsewhere in San Mateo County or California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Caregiver Arrest
In a recent case of alleged caregiver fraud, [1] two individuals were arrested on charges of financial elder abuse, criminal elder neglect, and other crimes. A 65-year-old man was identified as a possible victim of the alleged financial fraud. An investigation found probable cause that the man was being isolated from his family and had been the victim of fraud, elder abuse and the theft of his personal property by the two arrested individuals. In early October, detectives and deputies contacted the victim through an open window and entered his home when it was determined he was unable to walk. It was found that the victim was living in unsanitary and unsafe conditions and was malnourished, without having been provided adequate medical care or personal hygiene care. It was also determined that he had been isolated from his family for around six months, deprived of his cell phone, laptop and any other communication devices. Due to his condition the man was taken to a local hospital where he was admitted. An investigation of two persons allegedly caring for the victim resulted in a seizure of drugs, stolen property, stolen credit cards and checks, and personal identifying information of the victim.
Protecting Senior Loved Ones
Isolation is a common denominator among the vast majority of financial elder abuse and neglect cases we see. Stay active in the lives of older loved ones and do not let them be isolated for long periods of time. It is during periods of isolation that financial predators strike. If your older loved one needs in-home care, 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, credit card, or a blank check. Monitor the senior’s bank accounts every day. Be sure you track where their Social Security benefits or other sources of income are being deposited. Keep cash, jewelry and other valuables out of the reach of any caregiver. Check in unannounced as often as you can to see how the senior is doing. Forward all business mail to your own address so a caregiver cannot rifle through the mail.
Contact Us
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.
