ATTORNEY NEWSLETTER
Over $8000 In Unauthorized Credit Card Purchases
Accused Of Stealing Victim’s Confidential Information
Purchased Articles Seized
Unauthorized 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 quickly but in cases where the senior is unable to monitor their accounts, or where there is no family member tracking the senior’s finances, 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 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 Arrest
In a recently reported case,[1] a caregiver is facing multiple charges after police say she charged more $8,000 worth of purchases to the card of a woman she was taking care of. Police say they received a report of fraud after the victim noticed several unauthorized purchases on her credit card statement. Police quickly began investigating and identified the elderly woman’s caregiver as a person of interest. The caregiver had recently started working as a home health care provider and was responsible for assisting the victim with various medical needs and during that time it was determined that she had stolen some of the victim’s personal information. The fraudulent items were then shipped to another address, not the victim’s or the caregiver’s, according to police. During an investigation at that address several packages were seized as evidence. The caregiver was arrested after she was seen traveling to a pawn shop. During the arrest, police found a stolen check belonging to the victim.
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. Regularly monitor all a senior’s accounts – not just the household checking account. Start your due diligence even before you get to the account monitoring stage. Always do a background check on anyone you hire as a caregiver; get references and call them. 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. 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.
