ATTORNEY NEWSLETTER
Certified Nursing Assistance Arrested
Accused Of Unauthorized Debit Card Use
Protecting Older Loved Ones
Unauthorized use of credit and debit cards is a recurring form of financial elder abuse on seniors by dishonest caregivers and others with access to the cards. Whatever the timing or form of financial elder abuse and whatever the amounts, 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.
Always keep checks, ATM/Debit cards, and cash away from caregivers or other strangers who enter a senior’s home. Never hand an ATM/debit card or credit card to a caregiver and ask them to go get cash or make purchases. Never give out any PIN numbers. Never give a caregiver or other person a blank check and never, ever, grant a financial power of attorney to a caregiver. Never, ever allow any of these things because they so often lead to theft. And a senior should never, ever, grant a power of attorney to a caregiver or add a caregiver as an authorized signer on a checking account.
If you or a loved one is a victim of elder or dependent adult abuse or neglect anywhere in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Arrest
In one reported case, [1] a woman who was a caretaker for a 79-year-old man recently discharged from a hospital has been charged with using his bank debit card to pay for DoorDash, gift cards, and more. An affidavit in the case alleges that the man’s daughter first noticed suspicious activity in the man’s bank account, when her father got out of the hospital and moved into a senior living facility. Defendant was a certified nursing assistant assigned to care for him. The man’s daughter said she started noticing fraud alerts coming through her father’s bank debit card, including charges to DoorDash and GiftCards.com, which the woman said her father would not pay for. In addition, there were numerous store charges and several money orders drawn on the account allegedly by the caregiver. The charges are pending.
Protecting Seniors From Financial Abuse
Always do a background check on anyone you allow into your older loved one’s home even if they are coming through an agency. Ask for references and check them. Keep cash, checks and cards out of their reach. But don’t stop there in protecting your older loved one as online or phone access to accounts can also be a method for getting money. Regularly monitor all of a senior’s accounts; view account activity online every day if you can. Start your due diligence sooner too. 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, ATM card, 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.
Contact Us
If you sense any kind of abuse of an older loved one anywhere in San Francisco, 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.
