ATTORNEY NEWSLETTER
Woman And Son Allegedly Posed As Caregivers
Ran $1 Million Scam On Elderly Couple
Safeguarding Older Loved Ones From Financial Abuse
Anyone who takes the property of a senior for a wrongful use commits financial elder abuse against their elderly victim. Anyone who assists in the taking also commits financial elder abuse. The taking may be direct theft of cash or jewelry or other property. The taking may also be a more elaborate scheme of stealing real estate or the entire estate of an elderly person. In a recent federal financial elder abuse arrest, discussed below, a caregiver and her son ran an elaborate $1 million scam on the elderly couple they purportedly cared for 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 has been the victim of financial elder abuse by a caregiver or other person in San Francisco, 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).
Caregiver And Son Arrested For Theft
In one reported case,[1] a woman is being accused of a fraud scheme in which she pretended to be a nurse caring for an elderly parent. The woman and her son were both charged with one count of conspiracy to commit wire fraud and 67 counts of wire fraud against the elderly couple by the U.S. Attorney’s office. The indictment said the woman pretended to be a nurse and assisted a couple with caring for an elderly parent. The couple allowed her to live at their home while they were out of the country for work so that she could continue to care for another elderly person who lived with them. According to the government, the woman told the couple that federal authorities wanted them in connection with a FEMA fraud case. The indictment details how the couple believed they were paying for the attorney’s services. However, the money was deposited into the caregiver’s son’s account who shared the funds with his mother. Charges against the two individuals are pending.
Protecting Older Loved Ones
Before you allow any stranger to work in an older loved one’s home, do a background check on the person, even if they are coming through an agency. 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 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.
