ATTORNEY NEWSLETTER
Case Example
Unauthorized Card Charges On Senior’s Account
Protecting Older Loved Ones
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).
Case Example
In one reported case, [1] the caregiver of an 86-year-old woman is facing felony charges after she allegedly helped herself to her client’s checking and banking accounts stealing thousands of dollars. The caregiver faces charges of abuse, neglect, and financial elder abuse and exploitation by a caregiver. The suspect worked as a contract caregiver at an assisted care facility where the victim was recovering from heart surgery. Police say the caregiver was in charge of paying the victim’s bills, but was stealing the victim’s money instead. Relatives became suspicious after numerous cheeks bounced. They reported their suspicions to the police. According to the police, several checks were discovered to be written for larger than normal sums of money. In at least three of the instances the checks were reportedly written out to the suspect. Several unapproved charges were also discovered on the victim’s bank debit card. Police believe the caregiver is responsible for these fraudulent charges as well. The checks and charges amounted to thousands of dollars. Witnesses told police that the caregiver is believed to have several clients she is responsible for as a caretaker who might have also been victimized.
Protecting Older Loved Ones
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.
Contact Us
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.
