ATTORNEY NEWSLETTER
Example Of Recent Case With Allegations Of Threats Victim
Financial Abuse Reportedly Left Victim Without Funds To Pay Rent
Victim’s Granddaughter Reported Suspicious Transactions
Financial elder abuse of seniors by dishonest and greedy caregivers is one of the most pervasive forms of financial elder abuse. Reports of caregiver fraud and abuse appear almost every day in the news. Cash, checks, and credit cards within reach of dishonest caregivers are especially common methods of this abuse. Online access to accounts is another. Financial exploitation of dependent adults and seniors can happen very quickly. Sometimes, the amounts stolen start out small, and, if the caregiver believes he or she is getting away with their theft, increase over time. Whatever the form of financial elder abuse and whatever the amounts, 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, San Francisco, or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiving Couple Arrested For Financial Abuse Of 85-Year-Old
In a recently reported arrest, [1] a couple was arrested on charges of exploitation and intimidation of an 85-year-old woman under their care. They are accused, among other allegations, of threatening to deprive the elderly woman of food and electricity if she did not comply with requests of monetary compensation, according to the local Sheriff’s Office. Authorities say the couple displaced the elderly woman twice in the over four months she lived with them, for not paying rent. The elderly woman’s granddaughter notified authorities about financial transaction fraud and improper eviction. The couple is also accused of being verbally hostile towards the 85-year-old woman, and causing mental anguish resulting in nightmares as well as anxiety, according to the warrants. The couple is further accused of using the victim’s credit card for online purchases at Walmart and to pay utility bills, without her mother’s consent.
Protecting Seniors From Financial Abuse
A caregiver, whether in a senior’s home or working in a facility, should never have access to a senior’s cash, checks, ATM cards or credit cards. Ever. Even if you consider the caregiver to be trustworthy, just don’t do it. You’re only asking for trouble. A dishonest caregiver or other stranger in a senior’s home will grab whatever they can get. Keep cash, checks and cards out of their reach. But don’t stop there in protecting your older loved one as online or phone access to accounts can also be a method for getting money. Regularly monitor all of a senior’s accounts; view account activity online every day if you can. 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, ATM card, 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.
Contact Us
If you sense any kind of abuse of an older loved one in Marin County, San Francisco, or anywhere else in the State of California, 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.
