ATTORNEY NEWSLETTER
Theft And Unauthorized Card Charges Alleged
Suspects Are Elderly Woman’s Caregivers
Property And Drugs Also Missing From Victim’s Home
Anytime a stranger enters a senior’s home there is a risk of financial abuse or theft if cash, credit cards, checks or valuables are within reach. Never, ever let a stranger in your home, and if you need any in-home care be sure to completely vet any individuals before they enter your home. Do full background checks and ask for and check references. A recent case, discussed below, shows just how quickly supposed “caregivers” can steal from the elderly. Sometimes, the abusers has others working with him or her in the scheme. Anyone assisting in financial elder abuse, even if another person is the one who physically takes the elder’s property, also commits financial elder abuse and is responsible for the property taken. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2). California broadly defines what constitutes 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.
If you or a loved one has been the victim of financial elder abuse by a caregiver or other person here in the San Francisco Bay Area, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Arrest
In one recently reported case,[1] police have arrested a man after he allegedly posed as a caregiver for an elderly woman and stole her cell phone, wallet, house keys, gun and more. Court documents show on January 1, 2024, a police officer arrived at the victims home. The victim told police that her cellphone went missing a few days before that. The victim claimed that her two caregivers had taken her phone. The victim advised that one of the caregivers had the password to the phone and keys to her home. The victim said that while looking at her bank account, several Walmart pay charges had been made while the phone was missing. The Walmart app showed several orders at separate locations totaling $1900. The officer was able to pull security camera footage at a Walmart to confirm the two suspects picking up the orders. The victim also told police that the two caregivers entered the home and took several items belonging to the victim including a microwave, wheelchair, clothing, house keys, cell phone, debit card, 30-40 pills of Hydrocodone, Xanax, and a pistol from her nightstand. Police have not yet arrested the second suspect that the victim mentioned.
Preventing Elder Financial Abuse And Theft
Any senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work. If your older loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables are in a safe place away from reach. Never give a caregiver a credit card or ATM card to shop or get cash for a senior. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance. Never, ever grant a power of attorney to a caregiver. Visit your older loved one as regularly as you can to see firsthand how they are doing. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elders and dependent adults in the San Francisco Bay Area who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
