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Dec 6, 2024 by |

Marin Financial Elder Abuse Attorney: Caregiver Fraud On Older Persons

ATTORNEY NEWSLETTER

 Case Example

Fraudulent Credit Card Use Alleged

Protecting Seniors From Caregiver Fraud/Financial Elder Abuse

Any senior is vulnerable to financial elder abuse whenever a dishonest caregiver or other stranger enters their home for any period of time. While many caregivers are hardworking, compassionate people who truly care for the older persons they take care of, the reality is that there are also dishonest, greedy, and manipulative individuals acting as caregivers ready to take advantage of older people. When caregiver fraud occurs, it often takes the form of stolen cash or checks, unauthorized credit/debit card purchases or ATM withdrawals or transfers of money out of a senior’s accounts online or by phone. Whatever the “form” or size of such caregiver fraud/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 caregiver fraud or financial elder abuse in Marin County, or elsewhere in the San Francisco Bay Area, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).

Case Example

In one recently reported case, a caregiver has been arrested for alleged theft of over $10,400 from an elderly victim by fraudulent use of the victim’s credit cards. Police alleged the private duty caregiver stole her victim’s credit cards and used them to make numerous unauthorized purchases totaling over $10,400. The caregiver has been charged with Financial Transaction Card Theft and Financial Transaction Card Fraud (more than $500 in a 6-month period) according to reports. The charges are pending.

Protecting Seniors From Caregiver Fraud/Financial Elder Abuse

The reported case illustrates the danger of letting a caregiver have access to credit cards or have any role in an older person’s financial affairs. Caregivers should be providing care, not meddling in finances or running errands with a senior’s credit cards. Even when the caregiver’s role is well-defined, keep an eye on all financial accounts of your older loved one. 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.

Contact Us

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).

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