ATTORNEY NEWSLETTER
Elderly Couple Are Caregiver’s Victims
Forged Signatures On Victims’ Checks
Online Transfers
Seniors are vulnerable to financial elder abuse whenever a dishonest caregiver or other stranger enters their home for any period of time. When it occurs, this kind of financial elder abuse often takes the form of stolen cash or checks, unauthorized credit card purchases or online access to accounts. Whatever the “form” or size of financial elder abuse, 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 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 Pleads Guilty To Largescale Theft
In a recently reported case, [1] a caregiver admitted to stealing hundreds of thousands of dollars from an elderly couple and pleaded guilty to two federal charges connected to the crime, according to a U.S. Department of Justice news release. The defendant worked as a caretaker for the elderly couple and had access to the victims’ bank accounts in order to help them pay monthly bills, prosecutors said. Instead, she allegedly used those accounts to pay herself, her family members and her creditors an estimated $300,000 without the couple’s permission. According to prosecutors, the defendant accomplished this by forging one of the victim’s signature on several checks and by transferring money from the couple’s bank accounts to her own by online access to the couple’s bank accounts. The caregiver also admitted to making electronic payments from the victims’ accounts to cover her and her husband’s credit card bills according to the U.S. Attorney’s office handling the case.
Contact Us
Careful monitoring of a senior’s checking account – and close review of cancelled checks – may have caught the reported fraud in this case sooner than eight or nine months. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. But start your due diligence sooner too. 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.
