ATTORNEY NEWSLETTER
Alleged Theft From Victim And His Foundation
$287,000 Missing According To Authorities
Small Checks At Beginning
Access to any older person’s financial accounts seems to be an almost irresistible temptation for dishonest caregivers, particularly if the older person is suffering from dementia or so elderly that they are unlikely to see what is happening in their accounts. Often, as happened in a case described below, a dishonest will start off taking relatively small amounts and then take more and more if they believe they are getting away with it. Any wrongful taking of a senior’s property, or any assistance in that taking by a friend or spouse of the dishonest caregiver, 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 financial abuse in Los Angeles or Orange 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 Theft
In the reported case mentioned above, [1] police arrested a woman for allegedly stealing over $287,000 from an elderly man while working as the man’s caregiver in a retirement community. The caregiver, age 31, had worked for the 81-year-old victim at the retirement community for many years according to the police. She is accused of accessing the man’s checkbook and writing checks to herself from the victim’s personal bank accounts without his consent. The caregiver has been charged with 90 counts including criminal forgery, grand theft and elder abuse. According to the authorities, her first forged check was for $500, but by the third check, she was bold enough to steal $10,000. And then she allegedly forged 87 more checks over the years to come. The caregiver allegedly stole funds from the individual’s account and a foundation the victim had that gives money to help girls in third world countries receive an education.
Protecting Loved Ones From Financial Abuse
Whether a senior loved one in your family still lives at home or is in a facility, keep a constant eye on the senior’s financial records. Review statements online and redirect mail for the account to your own address so caregivers or others cannot access financial information by opening a senior’s mail. Never give account numbers, PINs or Social Security numbers or any other identifying information to caregivers. If you detect a problem, do something about it. Call counsel and get advice; do not wait for real problems. Never allow a stranger, housekeeper or caregiver access to checks, cash or credit cards or jewelry and valuables. Even if you have checks under lock and key continue to monitor a senior’s account online as online or phone access may also redirect their money to a caregiver’s accounts or the senior’s money may be used to pay a caregiver’s bills online. Never, ever give a caregiver a Power of Attorney, credit card, or a blank check.
Contact Us
If you sense any kind of abuse of an older loved one in Los Angeles or Orange County 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.
