ATTORNEY NEWSLETTER
Accusations of Neglect, Assault And Theft
$275,000 Allegedly Stolen From Victim’s Bank Account
Jury Watches Camera Footage Of Assault
For seniors and dependent adults under the care of in-home caregivers, neglect, physical abuse and financial abuse may all be inflicted on the elderly person in horrific ways. When an unscrupulous caregiver’s primary interest is taking money from a senior or dependent adult, actually caring for that person means little to the caregiver. In fact, the neglect may be intentional if the caregiver has been able to arrange for changes in a patient’s estate plans and hopes to hasten the patient’s death in order to get obtain estate. Or, once the caregiver has depleted the elder’s bank accounts, he or she may abuse the victim intentionally out of rage that there is nothing left to steal. The details of some cases are truly horrible. But whatever the “level” of abuse, any form of elder abuse and certain forms of neglect are crimes and grounds for civil liability of the abuser. California Penal Code § 368 and Cal. Welf. & Inst. Code §§ 15610.30 (definition of financial elder abuse); 15610.57 (definition of neglect) and 15610.63 (definition of physical abuse). If you or a loved one is a victim of elder or dependent adult abuse or neglect in Marin County, or in San Francisco or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver On Trial For Abuse And Neglect
In a recently reported case, [1] a jury in an elder abuse trial has watched camera footage allegedly showing a 90-year-old man being assaulted by his caregiver after soiling himself. The caregiver and his partner are on trial for elder abuse including charges of theft of $275,000 from the elderly man’s bank account. Whenever the caregiver or his partner asked the victim for more money and he refused, they would slap him in the face according to the police reports. The elderly man, who suffered from advanced dementia, was locked in a room for up to 14-16 hours at a time with no natural light or ability to turn the light on, as the light switch was taped. There was also no heating, no way to get water, no way to go to the toilet other than a plastic bag or container to urinate in, forcing him to defecate in his bed or on the floor, prosecutors said.
Prosecutors also allege the man was left unattended and calling for help for over an hour on multiple occasions. The caregiver, who had been appointed his power of attorney, also allegedly stole about $275,000 from his victim’s trust account to spend on himself. Following reports of suspicious activity, police searched his home and found the elderly man locked inside his bedroom. He was wearing a short sleeve wetsuit over the top of a used adult diaper. The bedroom door was secured from the outside of the room with a sliding bolt type lock. Police placed him into the care of a residential care facility where he was assessed as being dehydrated. The caregiver and partner were arrested and are now on trial for multiple counts of elder abuse.
Contact Us
It is difficult to imagine this kind of cruelty but sadly such cases occur. 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 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.
