ATTORNEY NEWSLETTER
Caregiver Theft Case Example
Caregiver Allegedly Stole Money And Victim’s Home
Protecting Seniors From Financial Elder Abuse And Caregiver Fraud
Often, financial elder abuse by starts out relatively small. But if the individual stealing an elder’s funds, like a dishonest caregiver with access to a senior’s money for example, senses he or she is getting away with their theft, the stolen amounts can grow overtime. In a recently reported case, discussed below, a caregiver has been accused of taking everything his elderly victim owned, even her home. We have seen similar cases at Evans Law Firm. Whatever the timing or form of financial elder abuse and whatever the amounts, 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 caregiver fraud or caregiver theft 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).
Arrest For Largescale Caregiver Fraud
In one reported case* of alleged caregiver fraud, a man has been arrested on charges including theft from a person 65 years or older valued at $50,000 or more, exploitation of the elderly for amounts over $50,000, and organized fraud exceeding $50,000—all first-degree felonies. The victim, who passed away at the age of 89, suffered from severe mental and physical disabilities. Since 2015, she was unable to care for herself and required assistance for daily tasks such as bathing, meal preparation, medication management, and attending medical appointments. In 2016, her caregiver reportedly obtained a durable power of attorney, granting him access to her finances. With this legal authority, he began embezzling her funds according to police allegations. He also managed to have her relinquish her apartment rights and transfer the deed to him while she was still living there. Financial records revealed he used the victim’s accounts to purchase another condo unit and depleted her original $600,000 estate on various expenditures, according to investigators. Prosecutors reported that he transferred nearly $14,000 to his wife via Zelle for cremation services for his brother and godmother, made purchases at Costco, bought hardware and home improvement items at Home Depot, funded plumbing services, and shopped at clothing, specialty, and automotive supply stores.
Protecting Seniors From Financial Elder Abuse
Keep cash, checks and cards out of the reach of any caregiver or “friend” of an older loved one who has offered to help him or her out. Regularly monitor all of a senior’s accounts; view account activity online every day if you can. Start your due diligence sooner too. Always do a background check on anyone you hire as a caregiver; get references and call them. Never, ever give a caregiver a Power of Attorney, ATM card, 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 caregiver fraud or caregiver theft or financial elder abuse of an older loved one 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).
*Evans Law Firm, Inc. was not involved in the reported case in any way.
