ATTORNEY NEWSLETTER
City Commissioner Accused Of Financial Elder Abuse
Alleged Exploitation of Local Senior
Remedies For Injured Seniors
Financial powers of attorney (POAs) grant full authority over a person’s financial affairs, and medical powers of attorney, known in California as an Advance Health Care Directives (AHCDs), grant authority over medical decisions and health care issues. The forms for both financial and medical POAs are found in California statutes. See Cal. Prob. Code §§ 4401 (statutory form for financial POA) and 4701 (statutory form for AHCD). The person granting the authority is referred to as the “principal” and the person(s) to whom the powers are granted is referred to as “agent(s)” or “attorney(s)-in-fact.” Misuse of financial POAs for the personal benefit of the agent violates the law, and, when the principal is a senior, constitutes the crime of financial elder abuse (Penal Code § 368) and is grounds for civil liability on the part of the abusing agent (Cal. Welf. & Inst. Code § 15610.30) for extra damages and an award of attorneys’ fees and expenses for having to bring a case against a dishonest agent. Cal. Welf. & Inst. Code § 15657.5. If an agent has misused a POA to your or an older loved one’s detriment in Alameda County or elsewhere in the San Francisco Bay Area, call us at (415)441-8669 or toll free at 1-888-50EVANS (888-503-8267).
Recent Arrest[1]
According to recent newspaper reports, a City Commissioner is the subject of a state investigation following allegations of exploiting an elderly woman out of more than $100,000. A 60-page court document filed as a result of the investigation includes a petition for a court injunction to stop the commissioner from using the elderly woman’s money and to keep her away from her properties. The petition alleges that the local government official held power of attorney over a 96-year-old city resident. The document alleges the commissioner fraudulently used the woman’s identity to purchase a home. The injunction also alleges the commissioner currently lives at a property that used to belong to the 96-year-old woman’s parents. The court documents go on to allege that financial documents showed that the commissioner used the 96-year-old woman’s money to rent a vehicle, purchase expensive perfume, clothing, and even a face lift. These purchases allegedly totaled more than $100,000. Attorneys for the victim were made aware of the allegations earlier this year and worked with law enforcement to revoke the commissioner’s power of attorney and put into place a new power of attorney to protect the 96-year-old woman.
Civil Remedies For Misuse Of POAs
Misuse of a POA is grounds for civil liability of twice any amounts taken and attorneys’ fees for the victim. Probate Code § 4231.5. Any relative of an elderly principal has standing under the law to challenge the conduct of an attorney-in-fact for the elder and to force them to account for their transactions. Probate Code §§ 4540(d) and 4541. Where the principal is over age 65 or a dependent person (as the principal in the reported case), the misuse also constitutes criminal and civil financial elder or dependent adult abuse under California law. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30. Damages are also doubled under the Probate Code for any financial abuse of a senior. Probate Code § 859. Anyone assisting the Agent in taking a senior’s property is also guilty of financial elder abuse under the law. Agents who wrongfully take the property of seniors (and their assistants in the taking) are responsible not only for twice the amount taken under the Probate Code but also, under the Elder Abuse Act, enhanced damages. Both the Probate Code and the Elder Abuse Act grant the injured senior attorneys’ fees and expenses incurred in suing to get their property back. Probate Code § 4231.5(c); Cal. Welf. & Inst. Code § 15657.5.
Contact Us
Ingrid M. Evans can represent you if an agent has misused a Power of Attorney granted by you or an older loved one in the San Francisco Bay Area. If you need help, call us today at 415-441-8669 or toll free at 1-888-50EVANS (888-503-8267).or by email 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.
