ATTORNEY NEWSLETTER
CNA Allegedly Stole From Elderly Dementia Patient
Unauthorized credit Card Use
Victim’s Friend Reported Suspicious Transactions
Whenever a caregiver, whether licensed or not, is in an isolated senior’s home there is a very real danger of theft. Where the senior suffers from dementia, the risk is even greater as they cannot manage their own finances and may be oblivious to what is going on around them. Caregivers and other strangers in a senior’s home may steal credit cards or cash or forge checks or gain access to accounts online and transfer funds or change account authorizations and beneficiary designations. All acts of financial elder abuse are criminal and grounds for civil liability against the person who took the property. Anyone assisting in financial elder abuse, even if another person is the one who physically takes the elder’s property, also commits financial elder abuse and is responsible for the property taken. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2). If you or a loved one has been the victim of financial elder abuse by a caregiver or other person in San Francisco or elsewhere in California, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregivers Arrested For Theft From Patient
In a recently reported case,[1] authorities arrested a caregiver for stealing more than $14,000 from an 80-year-old woman with dementia. Three years ago, the victim was evaluated by her physician who recommended that she not live alone in her home, at which time the suspect, who is a licensed Certified Nursing Assistant, was hired as the victim’s caregiver to assist with personal care, household chores, and transporting the victim to her doctor’s appointments, according to police. During her employment, police stated that the defendant had access to the victim’s financial information, including debit and credit cards, and other personal identification information. In the final weeks of defendant’s employment with the victim, the victim’s friend (who had power-of-attorney) learned that one of the victim’s credit cards was missing. After reviewing the credit card statement, she found that there had been several fraudulent charges made with the card, and also discovered suspicious activity on the victim’s credit report. The victim’s friend contacted local detectives. Detectives reportedly reviewed bank statements and credit reports, and found credit card charges allegedly made by defendant for clothing, jewelry, cosmetics, bath and travel items, restaurants, and childcare. Police say defendant fraudulently charged a total of $9,594.28 to the victim’s credit cards.
Protecting Older Loved Ones And Friends From Financial Elder Abuse
Any senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work. Fortunately, the victim’s friend noticed some suspicious activity and alerted the police about possible financial elder abuse perpetrated on her friend. If your older loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables are in a safe place away from reach. If a senior has any cards that they never use, destroy them and alert the relevant bank or credit card company that the card is discontinued. Never give a caregiver a credit card or ATM card to shop or get cash for a senior. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance. Never, ever grant a power of attorney to a caregiver. Visit your older loved one as regularly as you can to see firsthand how they are doing. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elder and dependent adults in San Francisco or elsewhere in California who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267). Or email us 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.
