ATTORNEY NEWSLETTER
Business Manager Allegedly Wrote Resident’s Checks To Herself
Appropriation Of Government Benefits
False Adjustments In Residents’ Accounts
Just like seniors under the care of unscrupulous caregivers in their own home, elderly residents of nursing homes are also at risk of financial elder abuse from financial predators within the facilities where they live. Administrative and bookkeeping staffs in nursing homes and care facilities have access to resident financial information and in some cases set up in-house financial accounts for residents where their government benefits, like Social Security benefits, are deposited for resident use. Whenever a nursing home staff member steals from elder residents, the individual commits the crime of theft and also financial elder abuse. Financial elder abuse is a crime and grounds for civil liability of the abuser. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse). Financial elder abuse is broadly defined under California law:
(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.
A recent case, discussed below, illustrates how financial elder abuse can occur in nursing homes. If you or a loved one is a victim of financial elder abuse here in Orange County, Los Angeles or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Nursing Home Business Manager Sentenced For Financial Elder Abuse
In a recently reported case,[1] a nursing home business manager was sentenced to six years in prison for stealing from elderly residents in a skilled nursing facility. According to authorities, the business manager ran an alleged scheme in which she stole more than $20,000 from one 88-year-old over a two-year period. Authorities also accused the nursing home employee of transferring government reimbursements which were owed to a number of residents, into an account from which she was stealing. Prosecutors allege that the manager also made regular false entries into the nursing home’s accounting system and the corporate books to misappropriate credits of other residents into the account she was stealing from. The government’s investigation began after a new owner acquired the nursing home and discovered accounting discrepancies.
Preventing Financial Elder Abuse Of Nursing Home Residents
If you have an older loved one under the care of an in-home caregiver or who lives in a nursing home, give special attention to their financial matters, including where their pension and Social Security benefits are deposited. If the senior has an account at the facility, get – and review – monthly statements so that you can track all deposits and disbursements. Never ever allow the senior to give a caregiver, a nursing home staff member or new “advisor” a Power of Attorney. Accompany any senior to all business meetings, including the business office of the nursing home where your loved one lives. If the senior has a trusted financial advisor of many years, get to know that person and ask him or her to let you know if they suspect anyone is taking unfair advantage of the senior. If you suspect abuse, call elder law counsel to help you pursue all available remedies against anyone responsible for abuse, including an award of attorneys’ fees and costs for bringing your suit under Cal. Welf. & Inst. Code § 15657.5.
Contact Us
If you or someone you love is the victim of any type of financial elder abuse in Orange County, Los Angeles or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
