ATTORNEY NEWSLETTER
Caregiver Allegedly Accessed Bank Accounts
Leased Car In Senior’s Name
Took Out A Loan In Couple’s Name
While financial elder abuse may consist of theft of cash or unauthorized use of credit cards, some financial elder abuse consists of that plus elaborate schemes of loans, estate planning changes, real estate transactions and other fraudulent schemes, even taking a senior’s home. A recent arrest, discussed below, illustrates just how intricate some abusive schemes can be. Any taking of a senior’s property, or any assistance in that taking, whether theft of cash or more elaborate taking schemes, 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 elder or dependent adult abuse or neglect in San Francisco or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Charged With Stealing Over $100,000 From Elderly Couple
In a recently reported case,[1] an in-home caregiver has been arrested and accused of taking more than $100,000 from an elderly couple, leasing a car and accessing the bank account in their names, according to authorities. The Sheriff’s Office said the suspect who knew the couple for a couple of years as their caregiver, took the money this year. According to authorities the woman began her relationship with the couple as the caregiver for the elderly wife with health issues. Sheriff Deputies say the caregiver befriended the elderly woman and eventually became the woman’s power of attorney. She allegedly convinced the elderly woman and her husband to sell their home and move into a rented home under the guise that it was a lease-to-own property. Investigators also said the caregiver obtained access to the couple’s bank account and made personal purchases with their money. She also obtained a loan in the wife’s name and leased a car in the husband’s name, according to the Sheriff’s Office. A relative of the elderly husband alerted authorities to irregularities in the couple’s accounts which lead to an investigation and the charges. The charges against the woman for financial exploitation of an elder are pending.
Contact Us
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, 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. Regularly monitor all a senior’s accounts – not just the household checking account. Keep cash, checks and credit cards out of reach of any caregiver or other stranger in a senior’s home. Put jewelry and other valuables in a safe place and also out of reach of anyone entering the home. If you sense any kind of 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.
