ATTORNEY NEWSLETTER
71-Year-Old Victim Of Caregiver Fraud
$53,000 In Unauthorized Checks And ATM Withdrawals
Protecting Older Loved Ones
Theft by unauthorized ATM withdrawals is an all too frequent form of financial abuse on the elderly. Never hand an ATM/debit card or credit card to a caregiver and ask them to go get cash or make purchases. Never give out any PIN numbers. Never give a caregiver or other person a blank check and never, ever, grant a financial power of attorney to a caregiver. Never, ever allow any of these things because they so often lead to theft. We cannot emphasize strongly enough how important it is to keep checks, ATM/Debit cards, and cash away from caregivers or other strangers who enter a senior’s home. Nor can we stress enough that a senior should never, ever, grant a power of attorney to a caregiver or add a caregiver as an authorized signer on a checking account. Any wrongful takings of a senior’s property, or any assistance in that taking, whether theft of cash, theft by check forgery or altered checks, or unauthorized use of credit or debit cards or online money transfers out of a senior’s accounts are crimes 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, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrest
In one reported case, [1] a local police department has arrested a young woman on suspicion of stealing more than $53,000 from an elderly man who hired her as his caregiver. The woman, 21, was booked into jail on charges of felony embezzlement, forgery, and financial elder abuse by a caregiver. The woman had been caring for the 71-year-old man, who suffers from a condition that renders him unable to coordinate their muscle movements, but police said he is of sound mind. The man and another home caregiver who works for him, notified the bank of six unauthorized ATM transactions and four unauthorized checks written by the woman amounting to a loss of nearly $8,000. The bank employee also reported the incident to the police and Adult Protective Services. According to bank statements later obtained by police, the elderly man suffered a total loss of more than $53,000 in unauthorized ATM transactions and forged checks.
Contact Us
Always do a background check on anyone you hire as a caregiver; get references and call them. Make sure any caregiver is denied access to any back account information; keep cash, checks and credit and debit cards out of reach. Never, ever give a caregiver or “helper” or other new “friend” a Power of Attorney, credit card, or a blank check. Never, ever, add a caregiver as an authorized signer on a checking account. 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 or friend anywhere in the San Francisco Bay Area, 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.
