ATTORNEY NEWSLETTER
Unauthorized Withdrawals From Dependent Adult’s Account
Caregiver Admits To Theft
Unauthorized Use Of ATM Card
Theft from any person is a crime. But when the victim is a dependent adult[1] or over 65 any theft is also criminal financial elder abuse and grounds for civil liability against the person who took the property. Anyone assisting in financial dependent adult or elder abuse also commits financial dependent adult or elder abuse and is responsible for the property taken. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2). California broadly defines what constitutes financial elder 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 has been the victim of financial dependent adult or elder abuse by a caregiver or other person in Los Altos or elsewhere in Santa Clara County or Northern California, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
Alleged Theft From Dependent Adult
In one reported case,[2] a woman employed as a caregiver was arrested on allegations she used a dependent person’s bank card to withdraw money from an automated-teller machine. The caregiver reportedly admitted to the theft during an interview with city police detectives, according to court records. She allegedly claimed she was behind on rent as a reason she withdrew funds from the dependent person’s bank account. The woman’s supervisor reported the alleged theft when he discovered withdrawal transactions occurred on the bank account of a dependent person leaving only $.20 cents in the account. Detectives obtained surveillance footage that showed the caregiver using the victim’s bank card at an ATM, court records say. T
Preventing Financial Abuse And Theft
Any dependent adult or senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work. If your loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables are in a safe place away from reach. Never give a caregiver a credit card or ATM card to shop or get cash. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance. Never, ever grant a power of attorney to a caregiver. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elders and dependent adults in Los Altos, Santa Clara County, and throughout Northern California who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Under California law, “dependent adult” means “a person, regardless of whether the person lives independently, between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.” ‘”Dependent adult” includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.”
Cal. Welf. & Inst. Code § 15610.23
[2] Evans Law Firm, Inc. was not involved in the reported case in any way.
