ATTORNEY NEWSLETTER
One Victim’s Son First Alerts Police
Over 100 Fraudulent Card Charges Alleged
Resident Unable To Pay Rent Due To Depleted Account Balance
Elderly victims of financial elder abuse are often preyed upon in their own homes by dishonest in-home caregivers. But elderly persons residing in nursing homes or assisted care facilities or other senior residential communities may also be at risk of financial elder abuse from dishonest caregiving staff members in those facilities. In short, whether at home or in a facility, seniors are at risk of financial elder abuse from those who have access to their cash, checks, credit and debit cards, jewelry or other valuables or to their accounts through online or phone access. 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 the San Francisco Bay Area or throughout California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Charged With Theft From Two Facility Residents
In one reported case, [1]a nursing assistant at an elder care home has been arrested for allegedly defrauding two seniors who had stayed at the facility. According to police, the suspect worked at an assisted care home and was arrested outside the facility on suspicion of identity theft, grand theft, financial elder abuse and unauthorized use of a debit card. Previously, the son of a 73-year-old woman being cared for at the facility alerted police that her month’s debit card was stolen and was used more than 100 times between April and August of this year. The son told police that the charges totaled more than $10,000. Police said the son realized there was an issue with his mother’s accounts after finding out rent payments to her apartment were not being made due to lack of funds in her account. Nearly a month later, police received another report of fraud from a man whose 70-year-old sister stayed at the same care center before her death. The man said he found what was described as “numerous” fraudulent purchases that were made the week she died. Investigators said they were able to link fraudulent purchases and cash withdrawals to the employee. The District Attorney’s Office has charged the woman with two counts of financial elder abuse by a caregiver and two counts of identity theft.
Contact Us
Daily monitoring of all a senior’s accounts is the best way to protect an older loved one from this kind of fraudulent activity. If your loved one resides in a facility, keep cash, checks and credit and debit cards in a safe place and not in their facility room. 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.
