ATTORNEY NEWSLETTER
Accused Of Stealing Over $700,000
Allegedly Falsified Business Loan Applications
Kept Victim Isolated
We cannot emphasize strongly enough that it is always a mistake to involve a caregiver in a senior’s finances. Always. Even if the caregiver is an honest person, he or she likely knows little about financial matters and are not qualified to assume the responsibility. Where the caregiver is not an honest person, their involvement in finances is just asking for financial abuse and theft. Financial abuse by a caregiver may accompany other forms of abuse as well. Time after time cases show that when a dishonest caregiver is more intent on stealing from a senior than caring for them, the senior can be a victim of physical abuse, isolation, neglect or abandonment. We have even seen cases where a greedy caregiver may use drugs or neglect to hasten a senior’s death to take over their estate. Financial elder abuse is a crime and a basis for civil liability of the abuser and anyone assisting him or her as the case discussed below illustrates. 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).
Three Arrested For Financial Elder Abuse And Isolation Of Victim[1]
In a recently reported case, three people have been charged with financial abuse and identity theft of an 81-year-old man, according to a local District Attorney’s Office. It is alleged that from 2017 through early 2022, the defendants committed financial elder abuse and fraud against the stepfather of one of the defendants, officials say. According to the DA, one of the defendants was entrusted with the management of the business owned by the senior as well as his personal finances. Authorities say it is estimated that now over $700,000 is missing from the senior’s personal and business accounts. Police allege that the defendant, together with her fiancé and the senior’s caregiver applied for business loans pretending to be the senior, according to officials. It is further alleged that the senior’s caregiver worked with the other defendants to isolate and influence the victim which contributed to the theft from the victim and his estate, officials say.
Protecting Older Loved Ones
If you have an older loved one in your family, don’t neglect them but stay active in their life. Run background checks on anyone working for them in their home. Secure the senior’s finances by monitoring the transaction activities of their electronic accounts. Create a new password and keep all log in information safe from wandering eyes. Do not let a caregiver know, or have access to, a senior’s Social Security Number or bank account numbers. Redirect mail to your own home so that a caregiver cannot rummage through a senior’s mail. You may also switch to paperless statements for everything and have them sent to you, not to any email address or app the caregiver can access. As you monitor accounts, indicators of unusual activity include new and increasing charges and missing monthly deposits. Remember that a senior’s finances are none of a caregiver’s business; they are there just to take care of a senior, not to pry into personal, financial, or family affairs. Never, ever grant a power of attorney to a caregiver or a bookkeeper. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters.
Contact Us
Ingrid M. Evans represents elder and dependent adults in Los Angeles and throughout California who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
