ATTORNEY NEWSLETTER
More Than $100,000 Allegedly Missing
Caregiver Allegedly Stole With Victim’s Power Of Attorney
Protecting Older Loved Ones
Powers of attorney are extremely important estate planning tools for all of us as we age; it is helpful to have such arrangements in place before the need for them arises and we are unable to execute the instruments. Financial powers of attorney (POAs) grant full authority over a person’s financial affairs, and medical powers of attorney, known in California as an Advance Health Care Directives (AHCDs), grant authority over medical decisions and health care issues. The forms for both financial and medical POAs are found in California statutes. See Cal. Prob. Code §§ 4401 (statutory form for financial POA) and 4701 (statutory form for AHCD). The person granting the authority is referred to as the “principal” and the persons to whom the powers are granted are referred to as “agent(s)” or “attorney(s)-in-fact.” Misuse of financial POAs is a recurrent form of financial elder abuse; we see cases everyday where an agent under a senior’s financial POA uses their power to steal, to create trusts, to transfer property, and open new accounts all with the intent of taking a senior’s property during their life or at death. 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 call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Alleged Caregiver Theft
In a recently reported case,[1]a woman faces prosecution after a tipster accused her of stealing more than $100,000 from a nursing home patient. Investigators accuse the woman of using her authority as power of attorney to exploit the victim. The victim was residing at a nursing home, according to an arrest warrant. The arrested caregiver has been charged with exploitation of a vulnerable adult, financial identity fraud, two counts of financial transaction card fraud of more than $500 in a six-month period, and breach of trust with fraudulent intent valued at $10,000 or more. The alleged fraud in the case took place from Nov. 10, 2021 through April 29, 2022, according to court records. The suspect is accused of using her power of attorney to access the victim’s bank accounts. In all, she is accused stealing $102,109.04 for her personal use, according to court records. She is also accused of using the person’s debit cards to make charges exceeding $500 during a six-month period.
Protecting Older Loved Ones From Financial Elder Abuse
Never, ever give a caregiver a Power of Attorney, credit card, or a blank check. Keep confidential financial information out of reach for any caregiver in your older loved one’s home. Never let a caregiver know 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. 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 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.
