ATTORNEY NEWSLETTER
Accused Of Stealing $35,000 In Four Months
Victims Are Both Elders And Wheelchair Bound
Access To Confidential Information Allegedly Led To Theft
Whenever a dishonest caregiver or other employee enters a senior’s home, there is a risk of financial elder abuse of the senior. Access to checks, cash and credit cards are obvious risks. But access to a senior’s confidential financial information can also lead to theft. Dishonest caregivers can use a senior’s bank account numbers, PINs, birthdates and Social Security numbers to access accounts online and steal money from an unsuspecting senior. Whatever the “form” or frequency or size of financial elder abuse, 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 financial elder abuse 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] two caregivers have been arrested on suspicion of stealing more than $35,000 while serving as caregivers of an elderly couple who need assistance at all hours, Northern California authorities said. The local Sheriff’s Office was alerted to a potential elder abuse case after an anonymous tipster called to report the incident in the town where the elderly couple live. Sheriff deputies went to the residence and began their investigation into the alleged theft from a husband and wife who each use a wheelchair, according to deputies. The suspects — a 29-year-old woman and a 44-year-old woman — were arrested. The 29-year-old woman is accused of swiping at least $15,000 while her alleged counterpart is accused of taking at least $20,000 over four months from the disabled husband and wife, deputies said. Each woman had direct access to sensitive financial information and exploited it for their respective personal uses, a spokeswoman for the Sheriff’s Office stated. The charges are pending.
Protecting Seniors From Financial Abuse
Always do a background check on any caregiver before he or she is hired. Ask for references and check them. Once the caregiver is on the job have the timecards sent to you so you can verify their accuracy. There are other important steps to follow as well to prevent more elaborate schemes of financial abuse. Careful monitoring of a senior’s checking account – and close review of cancelled checks – may have caught the reported fraud in this case sooner than eight or nine months. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. 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.
Contact Us
If you sense any kind of abuse of an older loved one 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.
