ATTORNEY NEWSLETTER
89-Year-Old Victim At Home
Stranger Steals Credit Cards And Cash
Defendant Allegedly Has Prior Violent Felony Conviction
No one should ever let a stranger in their home. Particularly if you are an older person living alone. A dishonest stranger can rapidly take advantage of an isolated senior, as a recent case below illustrates. Whenever a dishonest caregiver or other stranger enters a senior’s home, credit and debit cards and ATM cards, checks and entire check registers, accessible cash, and jewelry or other valuables provide an easy target. 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 elder or dependent adult abuse or neglect in the San Francisco Bay Area or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Man Charged With Financial Elder Abuse And Other Charges
In one reported case, [1]a man has been arrested in connection with a robbery of an elderly woman’s home. The local District Attorney’s office is charging the suspect, with a “special allegation of committing a violent crime on a victim over the age of 65”, along with related charges, according to a press release. Police say the 89-year-old woman was robbed after she let someone inside her home who claimed they would “retrieve a ball” from her backyard. According to police, the woman let the suspect inside her home and once he entered, he allegedly pulled out a knife and demanded money from her. The man cut the woman’s phone line, took her cell phone and left with the woman’s cash, checks, credit cards and driver’s license. The complaint alleges that the man threatened the woman with great bodily injury or death and includes “allegations that he was previously convicted of a prior serious or violent felony.” According to police, the man had allegedly tried the same method to enter another person’s home in the area minutes earlier. Police said they identified the man as the suspect after he allegedly used the woman’s credit card at a local business.
Contact Us
Never, ever, let a stranger in your home. If you or an older loved one has a caregiver or other stranger working in the home, be sure and run a background check and get references before they ever enter the door. Don’t stop there either but continue to be vigilant in protecting any older loved one. Keep cash, checks and credit cards out of reach. Make sure no one has access to bank account numbers or Social Security numbers. Monitor all a senior’s accounts – not just the household checking account. 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. 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).
[1] Evans Law Firm, Inc. was not involved in the case in any way.
