ATTORNEY NEWSLETTER
Police Bring Felony Charges
Accused Of Forgery And Financial Exploitation Of Elderly Person
87-Year-Old Reported Victim
Forgery of stolen checks, forger credit card applications, and unauthorized debit and credit card charges are common forms of financial elder abuse. Dishonest caregivers with access to checks and credit cards are often the perpetrators of these forms of abuse. Whenever a dishonest caregiver or other stranger enters a senior’s home, checks and entire check registers, credit and debit cards and ATM cards, accessible cash, and jewelry or other valuables provide an easy target. This is especially true if the senior is confined to bed or one room of the home or otherwise unable to know what is going on around them. 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 Marin or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Charged With Stealing From 87-Year-Old
In one reported case, [1]a caregiver has been arrested for forgery, identity theft and financial exploitation of an older adult or care-dependent person. Police said they received a report in from a family member concerned that their relative was “being victimized” by her caregiver. The family member believed that the caregiver was taking advantage of her elderly relative financially. Police began to investigate the case following the family member’s report. The investigation reportedly found that the caregiver had opened multiple credit cards under the 87-year-old’s identity without permission and was making many purchases and cash advances. The caregiver was charged with forgery, access device fraud, identify theft and financial exploitation of older adult or care-dependent person. Charges are pending.
Contact Us
As the reported case illustrates, careful, daily monitoring of all a senior’s accounts – not just the household checking account – is the best way to protect an older loved one. 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.
