ATTORNEY NEWSLETTER
Victim’s Son Contacted Police With Suspicions
Suspect Charged With 299 Felonies
Purchased Items Shipped To Caregiver’s Address
Any wrongful taking of a senior’s property, or any assistance in that taking, constitutes financial elder abuse. “Takings” range from outright theft of cash, theft by check forgery or altered checks, to unauthorized use of credit or debit cards to online money transfers out of a senior’s accounts. “Takings” may also include property taken pursuant to fraudulently obtained powers of attorney and property received in accordance with estate planning documents like trusts and Wills where the trust or Will is obtained by fraud or undue influence over the older person. All wrongful takings of a senior’s property are crimes 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 Arrested
In one reported case, [1] a former caregiver has been arrested on 305 total charges, with 299 of them being felonies, after allegedly stealing thousands of dollars from an elderly man in her care. Police charged the suspect with 149 counts of felony identity theft, 3 counts of misdemeanor theft, one count of felony financial exploitation of the elderly, 149 counts of felony access device fraud, and 3 counts of misdemeanor theft. Police were notified of unauthorized debit and credit card transactions belonging to the victim by the victim’s son, who had power of attorney and financial power for his father. The son allegedly said he suspected the home caregiver he hired to provide care for his 90-year-old father of stealing money from his father’s wallet as well as his credit and debit cards.
The victim’s son allegedly continued to tell police that he was notified by his father’s bank of potentially fraudulent activity on his father’s accounts. $7,500 worth of transactions were allegedly conducted on that account as well as $1,000 in transactions on one of his father’s credit cards. After receiving financial statements from the bank, police allegedly found questionable purchases from numerous retailers and service providers. According to police, some purchase transactions had items shipped to the suspect’s home.
Contact Us
Make sure any caregiver is denied access to any back account information; keep cash, checks and credit and debit cards out of reach. Never, ever give a caregiver or “helper” or other new “friend” a Power of Attorney, credit card, or a blank check. Never, ever, add a caregiver as an authorized signer on a checking account. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation. 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.
