ATTORNEY NEWSLETTER
Caregiver Allegedly Used Victim’s Debit Card To Steal
$30,000 Taken By ATM Withdrawals
Financial Abuse Took Place Over 1 ½ Year Period
Unauthorized ATM withdrawals are a common form of financial elder abuse. If a dishonest caregiver has access to a debit card and can find (or create online) a PIN for the older accountholder, large amounts of cash can be stolen and might go undetected if the elder is unable to monitor his or her own 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 law broadly defines financial elder 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).
Recent Arrest For Unauthorized Debit Card Use
In a recently reported arrest,[1] a caregiver of an elderly victim has been arrested for allegedly stealing $30,000 in cash from the victim over the span of half a year. The criminal complaint alleges the caregiver used the elderly woman’s bank debit card to steal money from her. The victim is a 76-year-old woman who had been cared for by the suspect for several years according to the complaint. The funds were reportedly stolen by repeated ATM withdrawals from the victim’s account over a period of one and a half years. According to the complaint, the victim was unaware that money was being stolen from her and reportedly did not consent to it. The charges are still pending.
Contact Us
If an older loved one has in-home care, remove all credit cards and debit/ATM cards from the home. Caregivers should never be given cards to go and buy things or get cash. The caregiver is in the home for the sole purpose of caring for your loved one and should have no involvement whatsoever in financial matters or access to confidential information like Social Security or bank account numbers. Always monitor a dependent loved one’s checking account; take a look at it online every day if you can. If someone moves in with your loved one, look into the circumstances immediately. Talk to your loved one alone to find out what’s going on. 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.
