ATTORNEY NEWSLETTER
Accused Of Credit Card Theft
Elderly Victim Suffered From Cerebral Palsy
Cards Allegedly Used At Multiple Stores
Whenever a stranger or caregiver enters an elder or dependent adult’s home, there is a risk of theft. Every time, however brief. Older persons or dependent adults are really not in a position to protect themselves against abuse including financial abuse, and any cash, checks, credit cards or valuables within reach may disappear quickly if spotted by a dishonest caregiver or other stranger. Below we share some tips on how to prevent this kind of abuse, but if it happens, Evans Law Firm. Inc. can represent victims and their families against all wrongdoers including persons who may be responsible for hiring and supervising the dishonest employee in the first place, or anyone who assists the abuser in their financial abuse. California 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.
Cal. Welf. & Inst. Code § 15610.30.
We pursue all remedies available to the injured elder or dependent adult, which include awards of attorneys’ fees and expenses for bringing your case. Cal. Welf. & Inst. Code § 15657.5. If you or a loved one has been the victim of financial elder abuse in Orange County or elsewhere in California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Ex-Caregiver Pleads Guilty To Credit Card Theft
In a 2022 case,[1] a former home health care provider pleaded guilty for her role in using bank and credit cards of a dependent man for personal purchases. The former caregiver and her husband were arrested on charges that they used bank and credit cards for a 71-year-old man at various stores racking up more than $8,200 in purchases, according to court records. The caregiver was assisting the 71-year-old man diagnosed with cerebral palsy, court records say. Police were notified of the alleged thefts when the caregiver failed to show for her shift at the man’s residence and the man and a replacement caregiver noticed suspicious charges on the man’s debit and credit cards. When the victim initially confronted the caregiver, she pledged but failed to repay the man, court records say. The victim then went to the police. After an investigation, police say the caregiver and her husband used the man’s bank and credit cards at fast food restaurants, pet stores, department stores, gasoline service stations and auto repair stores. The caregiver herself plead guilty and is awaiting sentencing; the husband is awaiting trial.
Keeping Loved Ones Safe
If you have an older loved one under the care of an in-home caregiver, make sure they don’t have any accessible cash, checks or credit cards in the home. Keep their jewelry and valuable personal possessions in a safe place too. Even if you think you have all their bank and credit card information secure, continue to monitor credit cards and bank accounts online. Make sure financial statements are mailed to your own address so others do not have access to you loved one’s business mail. Track where your loved one’s Social Security and pension money is deposited as caregivers or others may divert those deposits if they can access the benefit accounts. Also, make sure that financial information like account numbers and Social Security numbers are kept away from a caregiver’s glance. Never, ever grant a power of attorney to a caregiver or nursing home staff member. Perhaps most important of all, if you suspect anything wrong, do something about it right away. We will pursue all available remedies for injured seniors including an award of attorneys’ fees and costs for having to bring suit. Cal. Welf. & Inst. Code § 15657.5.
Contact Us
If you suspect financial elder abuse of a loved one, friend or neighbor in Orange County, or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid pursues all available remedies for families and injured seniors against those responsible.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
