ATTORNEY NEWSLETTER
Allegations Of Numerous Unauthorized Transactions
83-Year-Old Nursing Home Resident Victim
Online Access To Victim’s Bank Accounts
Financial elder abuse often occurs at the hands of unscrupulous caregivers caring for seniors in their own home. But elderly residents of nursing homes are also at risk of financial elder abuse from financial predators within the facilities where they live. Administrative and bookkeeping staffs in nursing homes and care facilities often have access to resident financial information for billing purposes. That account data can be used to access resident accounts for theft. Whenever a nursing home staff member steals from elder residents, the individual commits the crime of theft and also financial elder abuse. Financial elder abuse is a crime and grounds for civil liability of the abuser. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse). 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.
A recent case, discussed below, illustrates how financial elder abuse can occur in nursing homes. If you or a loved one is a victim of financial elder abuse here 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).
Nursing Home Bookkeeper Convicted Of Financial Elder Abuse
In a recently reported case,[1] a former nursing home bookkeeper was convicted and sentenced for stealing from an 83-year-old resident in a skilled nursing facility. According to authorities, the bookkeeper used the resident’s bank account number from her file at the home to access the bank account online. A family member of the resident noticed numerous suspicious online transactions in the account and notified police. The investigation identified the dates and amounts that the bookkeeper allegedly stole from the resident through online transactions using the resident’s bank account number. Fortunately, the victim’s family had detected the unauthorized transactions early on so the police were able to act after only one month of theft from the resident’s account by the bookkeeper.
Protecting Nursing Home Residents From Financial Elder Abuse
Early detection of suspicious activity helped the victim and her family stop the financial predator in this case before she stole more from the 83-year-old. The case illustrates how important it is for families to devote special attention to any older person’s financial matters particularly when they have an in-home caregiver or are in a nursing home. Make sure you know where their pension and Social Security benefits are deposited, and check those income deposits every month. If the senior has an account at the facility, get – and review – monthly statements so that you can track all deposits and disbursements into any such account. Never ever allow the senior to give a caregiver or nursing home staff member a Power of Attorney. Accompany any senior to all business meetings, including the business office of the nursing home where your loved one lives. If you suspect abuse, call elder law counsel to help you pursue all available remedies against anyone responsible for abuse, including an award of attorneys’ fees and costs for bringing your suit under Cal. Welf. & Inst. Code § 15657.5. Nursing home administrators and owners may be accountable for poor hiring or lack of supervision when staff members knowingly abuse nursing home residents.
Contact Us
If you or someone you love is the victim of any type of financial elder abuse in Los Angeles or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
