ATTORNEY NEWSLETTER
Case Example
85-Year-Old Victim
Protecting Older Loved Ones
Online account access and unauthorized use of debit and credit cards are two of the most widely seen kinds of theft from older persons. The perpetrator of such theft is often a dishonest caregiver with in-home access to an elderly person’s cards and bank accounts. Online theft, which is anonymous, is particularly dangerous. Many older people do not even have an online profile for their bank accounts but a dishonest caregiver with confidential information like account numbers, birthdate and Social Security Number can fairly easily create one and begin taking money out a senior’s account online. 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 has been the victim of financial elder abuse by a caregiver or other person in Marin, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrested For Theft
In one reported case,[1] a caregiver s facing an 18-count felony warrant, including a significant charge of embezzlement of $100,000 or more, and multiple counts of identity theft, unauthorized credit card use, financial elder abuse and more. Court documents said police launched an investigation after reports of suspicious activity on an 85-year-old woman’s accounts and reportedly uncovered that the caregiver had stolen $160,000 from the victim and transferred the funds to her own accounts. Police said the caregiver spent thousands of dollars on online gambling platforms. Officials say they also discovered that the caregiver had illegally used the 85-year-old woman’s debit card to buy thousands of dollars worth of goods, including $6,200 in Amazon purchases and $3,600 in Instacart purchases. Charges are pending.
Protecting Older Loved Ones
Any senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work. Before you allow any stranger to work in an older loved one’s home, do a background check on the person, even if they are coming through an agency. If your older loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables are in a safe place away from reach. If a senior has any cards that they never use, destroy them and alert the relevant bank or credit card company that the card is discontinued. Never give a caregiver a credit card or ATM card to shop or get cash for a senior. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance. Never, ever grant a power of attorney to a caregiver. Visit your older loved one as regularly as you can to see firsthand how they are doing. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elder and dependent adults in Marin County who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
