ATTORNEY NEWSLETTER
Family Discovers Large, Unusual Transactions
Caregiver Had Senior’s Credit Card And Checks
Caregivers Alleges That Senior Made Gifts To Her
There is a very real danger of theft and financial elder abuse whenever a caregiver has access to a senior’s credit cards, cash, checks, or bank account information. Evans Law Firm, Inc. recommends that you never hand credit cards or checks to a caregiver for make purchases and never, ever give a caregiver a Power of Attorney under any circumstances. We have seen so many cases of theft from seniors whenever a caregiver has access to money or bank accounts or any authority under a Power of Attorney. Financial elder abuse is a crimes and grounds for civil liability. See, e.g., Cal. Penal Code § 368 (crime of elder abuse) and Cal. Welf. & Inst. Code §15610.30, which defines financial elder abuse as follows:
(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.
(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.
We represent victims of any kind of elder abuse and their families, and pursues all persons responsible. If you or a loved one has been the victim of financial elder abuse in San Francisco or anywhere in the Bay Area or throughout California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Caregiver Arrest
In one reported caregiver case,[1] a caregiver for seniors has been arrested and charged with caregiver theft and fraud following an investigation into a complaint filed with a local Sheriff’s department. Allegations in the case reveal how some unscrupulous caregivers may steal from their patients. According to the complaint, the caregiver was provided a credit card by the elder in order to purchase needed groceries and supplies for her. The caregiver would also use blank pre-signed checks on the woman’s account to pay the woman’s monthly bills and would maintain the woman’s check book register for her. A few months after the caregiver was hired, the senior’s family discovered an unpaid bill that was supposed to have been paid by the caregiver. The family then researched the account and, according to the police, discovered unusual large transactions on the account and the senior’s credit card. The transactions included a transaction of $45,000 used to pay off the caregiver’s car loan. In total, police report there was evidence that $62,637.64 of the woman’s monies had been taken by the caregiver and used without the victim’s consent or authorization. When confronted by relatives of the senior, the caregiver repaid the $45,000 she had used to pay off her vehicle. The caregiver claimed that she was allowed to use the senior’s credit card for personal expenses and that she and the elder had an agreement that the caregiver would pay back the money later. Charges in the cases are pending.
Steps To Prevent Caregiver Theft
As this case illustrates, attending caregivers should never be handed a credit card or blank checks and never have access to cash, checks or credit cards or any financial information like bank account numbers and Social Security numbers. Monitor credit cards and bank accounts online as frequently as possible. If you suspect anything wrong, do something about it right away. Have financial statements and important papers mailed to your own address so others do not have access to you loved one’s business mail. Never, ever grant a power of attorney to a caregiver or nursing home staff member. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters.
Contact Us
If you suspect financial elder abuse of a loved one, friend or neighbor in San Francisco, or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid pursues all available remedies for families and injured seniors against those responsible, including mandatory awards of attorneys’ fees and costs to victims and families in financial elder abuse cases under Cal. Welf. & Inst. Code § 15657.5.
[1] Evans Law Firm, Inc. was not involved in this case in any way.
