ATTORNEY NEWSLETTER
Cash Withdrawals From Senior’s Account
Over $100,000 Withdrawn In A Year
Protecting Older Loved Ones
Some dishonest caregivers are very bold in the tactics they use to financially exploit older people, as the below case illustrates. Other caregivers are more subtle in their financial abuse and the abuse may go undetected for long periods if no one else is monitoring an older person’s account. Anonymous online access to a senior’s bank accounts is one avenue for this kind of abuse. Whatever the method, all wrongful takings of an older person’s money constitutes financial elder abuse. Indeed, 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 Los Altos or elsewhere in Santa Clara County or California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Alleged Caregiver Theft
In a recently reported case,[1] a caregiver is facing multiple charges after she allegedly exploited her elderly client into withdrawing large amounts of money from her bank account and handing it over, according to authorities. The caregiver was arrested after stealing more than $116,000 from the victim over the course of a year investigators said. According to the complaint, between March 2021 and February 2022, the caregiver would drive the client to the bank and help her withdraw large sums of money before taking the cash for herself, according to investigators. She then allegedly sent the money to another account through a Bitcoin ATM. She would continue taking the elderly woman to the bank for withdrawals despite being told to stop by the victim’s daughter, investigators said. The caregiver is also accused of creating an account in the victim’s name and using personal information of the victim’s daughter without the daughter’s permission.
Contact Us
Make sure any caregiver stays completely OUT of a senior’s financial business. Do not let them accompany your older loved one to the bank. YOU go with them. Keep confidential financial information out of reach for any caregiver in your older loved one’s home. Never let a caregiver know Social Security numbers, bank account numbers, PINs or any other confidential financial information of any kind. Regularly monitor all a senior’s accounts – not just the household checking account. Start your due diligence even before you get to the account monitoring stage. 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. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation. If you sense any kind of abuse of an older loved one in Los Altos or anywhere else in 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.
