ATTORNEY NEWSLETTER
Theft Of Jewelry And Cash From Rooms
Authorities Recover Some Pawned Items
Suspect Allegedly Stole From Room To Room
Residents of senior living communities, assisted care facilities, group homes and skilled nursing facilities are vulnerable to financial elder abuse just like those seniors who live in their homes under the care of an in-home caregiver. Dishonest persons exist in both settings and may prey upon the elderly in both living situations. In the communal setting, a financial predator may target multiple victims. In a recently reported case, discussed below, a senior living community staff member allegedly went from room to room stealing cash and jewelry. Whatever the setting, and whoever the actor, 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). Facility owners and administrators charged with hiring and supervising staff may also be liable for negligence in allowing abuse to occur. 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 financial abuse in Marin or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrested For Alleged Theft From Several Facility Residents
In one reported case, [1] a woman who was working as a caregiver at a senior living center in stole from people living there, police said in announcing the woman’s arrest. Police said she worked at a senior living community for approximately three months during which time she allegedly took jewelry, money and other items from the senior citizens under her care. Police allege she went from room to room stealing cash, jewelry and other items. She then pawned the stolen items, officers said, at multiple pawn shops in the adjacent area. Some of the items were recovered. Detectives believe the stolen items are worth thousands of dollars, and they’re working to return the rest of the items to the victims. The suspect was booked into jail on one count of theft and one count of fraud. No other information was released
Protecting Care Facility Residents From Financial Abuse
The reported case bears an important lesson – if you have an elderly loved one in a care facility make sure there is no jewelry, valuable items, checks or cash in their rooms. Anything of value can be snapped up quickly by a dishonest staff member or stranger who enters the room. Keep an eye on all your loved one’s bank accounts too. 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 in Marin or anywhere else in the Bay Area or throughout 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.
