ATTORNEY NEWSLETTER
Allegedly Forged Checks Off Patient’s Account
Charges of Theft Of Cash And Property
Suspicious Checks Spotted By Bank Lead To Investigation
Unscrupulous caregivers who prey on seniors many times strike more than one victim. If a greedy caregiver gets away with stealing from one patient, he or she is likely to steal from the next. Whenever a caregiver or other stranger is in a senior’s home there is a very real danger of theft, whether the caregiver comes through an agency or is a direct hire. Theft by credit card or cash or forged checks are crimes and also acts of financial elder abuse which itself is both a crime and a basis for civil liability against the person who took the property ad anyone assisting them. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2). Financial elder abuse is broadly defined under California law:
(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 elder abuse in Los Angeles, Orange County or elsewhere in 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).
Caregiver Sentenced For Forged Checks And Theft
In a recently reported sentencing,[1] a caregiver has been sentenced to four years in prison for embezzling thousands of dollars by forging checks belonging to a man she had worked for as a caregiver. The caregiver also pleaded guilty to a felony count of theft from another patient of property involving a firearm and a misdemeanor count of transfer of stolen property to a pawnshop. She was also ordered to in restitution to the senior victims. The forged checks were detected by a bank manager who filed a complaint with police stating that the caregiver had cashed checks written on a senior’s account that had been closed due to the caregiver’s suspicious withdrawals from the accounts. There were also fraud reports against the caregiver pending in another State, according to police. The theft charges were for guns missing from the house of another man for whom defendant acted as caregiver. The police discovered that the caregiver had pawned both of the patient’s missing guns.
How To Protect Older Loved Ones
Always do a background check on any person before hiring them as a caregiver, even if you are working through an agency. Get references and check them. Once the caregiver is in the home, keep an eye on all of your older loved ones’ accounts. Change the mailing address for bank statements so that they come to you instead of the older person’s home where strangers can see account numbers. Do not allow any caregiver access to cash, credit cards, checks, and financial information. Keep jewelry, guns, silver and other valuable possessions in a safe place. Never, ever grant a power of attorney to a caregiver or nursing home staff member. Do not allow a caregiver to take a credit card to go shopping or an ATM card to go get a senior some cash; you’re only asking for trouble if you do. If you suspect anything wrong, do something about it right away.
Contact Us
If you suspect financial elder abuse of a loved one, friend or neighbor in Los Angeles, Orange County or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid pursues all available remedies for families and injured seniors against those responsible, including an award of attorneys’ fees and costs for the victim or his or her family. Cal. Welf. & Inst. Code § 15657.5.
[1] Evans Law Firm, Inc. is not involved in the case in any way.
