ATTORNEY NEWSLETTER
Family Member Of Victim Reports Suspicions
Suspect Allegedly Opened Credit Cards In Victim’s Name
Numerous Purchases And Cash Advances
Unauthorized debit and credit card charges are a common form of financial elder abuse. Another common form of financial elder abuse is opening credit cards or taking out loans in a senior’s name and then making charges or borrowing against the fraudulent cards or credit lines. We have seen cases where people even attempt to open cards after a senior’s death with the decedent’s Social Security number or manage to take out an equity line of credit on a senior’s home. 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 Angeles or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrested
In a recently reported case, [1]a caregiver has been arrested on multiple charges of stealing from her 87-year-old elderly client. In the beginning of September, police say they received a report from an individual concerned that their 87-year-old family member was being victimized financially by her caregiver. Police began investigating the case and eventually discovered that the caregiver had opened multiple credit cards under the elderly victim’s identity without permission and began making numerous purchases and several cash advances. The caregiver was charged with forgery, access device fraud, financial exploitation of an elder and other related charges.
Contact Us
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, 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.
