ATTORNEY NEWSLETTER
Neglect And Financial Abuse Of Elderly Woman
Relative Of Victim Alerts Authorities
Remedies For Financial Elder Abuse And Neglect
Often neglect of an older person goes hand in hand with financial abuse of that person as when a dishonest caregiver or other financial predator is more interested in taking a senior’s money than caring for him or her. A recent case, discussed below, reveals just how disturbing cases of neglect combined with financial elder abuse can be. Parties responsible for any form of abuse and neglect, and those who assist them, may be liable for their actions under California Law. See Cal. Welf. & Inst. Code §§ 15610.07 (definition of abuse), 15610.30 (definition of financial abuse including assistance with financial abuse), 15610.57 (definition of neglect), and 15610.63 (definition of physical abuse). Whether or not financial elder abuse is accompanied by neglect or physical abuse, 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 neglect and/or caregiver fraud or financial elder abuse anywhere in the San Francisco Bay Area, call us today at (415) 441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example Of Financial Elder Abuse And Neglect
In one reported case of financial elder abuse and neglect, [1] a husband and wife have been arrested for financial elder abuse and neglect of any elderly woman. The couple are accused of leaving a care-dependent elderly woman in the basement of her home under unsafe and unsanitary conditions. Emergency Medical Services discovered the victim after a relative placed a call for assistance. According to investigators, the victim was allegedly left alone, locked behind a dog gate in a corner of the basement with limited food and water. The couple is accused of taking an overnight trip with their children while leaving the woman in this condition. Further investigation revealed allegations of financial exploitation. Prosecutors allege the couple misused over $10,000 of the victim’s funds for personal expenses, such as vacations and alcohol. Additionally, the husband of the arrested couple, is accused of submitting false hours for Medicaid reimbursement through his employment, claiming to have provided care services that were not rendered.
Remedies For Elderly Victims
Seniors who are victims of elder abuse are entitled to enhanced remedies under the California Probate Code and the California Elder Abuse and Dependent Adult Civil Protection Act (“Elder Abuse Act”), Cal. Welf. & Inst. Code § 15600 et seq. Enhanced remedies include double damages for elders under the Probate Code, Cal. Probate Code § 859 et seq., Under the Elder Abuse Act, awards of attorneys’ fees and costs to victims are mandatory in financial elder abuse cases. Cal. Welf. & Inst. Code § 15657.5.
Contact Us
If you sense any kind of caregiver fraud or caregiver theft or financial elder 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.
