ATTORNEY NEWSLETTER
Over 100 Unauthorized Credit Card Payments Alleged
Victim’s Daughter Alerts Police To Suspicious Account Activity
Unauthorized Transactions Allegedly Exceed $58,000
Seniors may be victims of financial elder abuse by strangers or new caregivers or “friends” entering their lives. Sadly, seniors may also be victims of financial elder abuse by caregivers and others who have worked for them for years. Unauthorized use of credit cards or online access to accounts are forms of financial elder abuse and theft that may continue undetected for considerable periods of time if no one is monitoring a senior’s accounts. In many cases, this kind of financial abuse may not even be detected until after the senior victim has died if no one is watching their accounts while they are still alive.. Whatever the form of financial elder abuse and whatever the amounts, 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). If the victim has died, the family may pursue the abuser provided that the statute of limitations has not expired. 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 For Unauthorized Use Of Elderly Victim’s Bank Account
In a recently reported arrest, [1] the longtime caregiver of an elderly woman has been arrested and charged with larceny after she allegedly stole more than $58,000 from her client, according to the local Police Department working on the case. Police said they received a forgery complaint, which turned into a larceny investigation leading to the arrest. The arrested suspect had been the caretaker of an elderly woman for over 10 years when the victim’s daughter discovered that her mother’s account had illegal withdrawals and was overdrawn, police said. Detectives determined that the caregiver allegedly made over 100 payments to her own credit cards using her client’s account information without authorization. The payments totaled over $58,000, police said. Police charged the caregiver with first-degree. The case is still pending..
Protecting Seniors From Financial Abuse
A caregiver, whether in a senior’s home or working in a facility, should never have access to a senior’s cash, checks, ATM cards or credit cards. Ever. Even if you consider the caregiver to be trustworthy, just don’t do it. You’re only asking for trouble. A dishonest caregiver or other stranger in a senior’s home will grab whatever they can get. Keep cash, checks and cards out of their reach. But don’t stop there in protecting your older loved one as online or phone access to accounts can also be a method for getting money. Regularly monitor all of a senior’s accounts; view account activity online every day if you can. Start your due diligence sooner too. 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, ATM card, 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.
Contact Us
If you sense any kind of abuse of an older loved one in Los Angeles or anywhere else in the State of 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.
