ATTORNEY NEWSLETTER
92-Year-Old Victim
Caregiver Accused Of Unauthorized ATM Withdrawals
Unauthorized Credit Card Purchases Also Alleged
Unauthorized ATM withdrawals and credit card purchases by a dishonest caregiver on an older person’s credit or debit card is a very common form of financial elder abuse. Sometimes the senior herself catches the fraudulent charges as in the reported case discussed below. In cases where the senior is unable to monitor their accounts, or where there is no family member tracking the senior’s finances, however, financial elder abuse by unauthorized charges and withdrawals may go on for a long time and seriously drain money from the victim’s accounts. Whatever the method, all wrongful takings of an older person’s money constitute financial elder abuse. Indeed, 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 is a victim of elder or dependent adult abuse or neglect in the San Francisco Bay Area or elsewhere in Northern California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrest
In one reported case,[1] a caregiver is facing multiple charges on suspicion of stealing more than $35,000 from a 92-year-old woman she had been hired to care for, Sheriff’s Department officials said. The money was sent to the caregiver’s family in Mexico and used to open up bank accounts and other financial accounts, authorities said. According to sheriff’s investigators, money started disappearing almost immediately from the elderly woman’s accounts after the caregiver was hired. Grabbing the woman’s ATM card and personal ID number from her nightstand, officials allege, the caregiver withdrew $1,000 at a time and deposited the money into her own accounts. The caregiver is also accused of using the woman’s credit cards to buy things for herself over the phone. Money was transferred from the woman’s trust funds into the bank account to help hide the withdrawals, investigators said. When the caregiver called in sick one day, another worker took her place. When the mail arrived at her charge’s home, the replacement caregiver showed the client a bank statement. Investigators say the caregiver had been hiding the woman’s bank statements from her to cover up the missing money. Upset about the missing money, the client called the company that had placed the caregiver in her home, and the company called the Sheriff’s Department to report the complaint.
Contact Us
Make sure any caregiver stays completely OUT of a senior’s financial business and has no access to confidential, personal information like Social Security numbers, bank account numbers, PINs or any other confidential financial information of any kind or to ATM, credit, or debit cards. Regularly monitor all a senior’s accounts – not just the household checking account. 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. If you sense any kind of abuse of an older loved one in San Francisco or anywhere else in California, call us right away. 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.
