ATTORNEY NEWSLETTER
Prison Sentence And Restitution Ordered
Forged And Altered Checks And Unauthorized Credit Card Charges
Victim Forced To Sell Home
While most financial elder abuse starts out relatively small, the amounts stolen grow over time as the predator gets away with his or her theft. Caregivers and family members – or family members who act as caregivers – are often the abusers. Access to checks and cash and credit cards is just irresistible to come people. 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.
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).
Recent Sentencing
In a recently reported case of extreme financial elder abuse, [1] a woman who forged checks to steal more than $700,000 from her elderly mother while purporting to serve as her caregiver was sentenced to four and one-half years in prison, to be followed by three years of supervised release, according to the U.S. Attorney prosecuting the case.
The government alleged that for a period of two years, the defendant, under the guise of serving as caregiver for her mother, forged approximately 70 of her mother’s checks to steal her fortune. In one instance, the government alleged the woman attempted to cash a forged check for $500,000. According to the government, she also reused checks by altering numbers and depositing them twice. To conceal her crimes, the government says the woman called the banks and impersonated her mother and intercepted mailed bank statements before her mother could see them. In addition, she stole and pawned a 100-ounce silver bar from her mother, used her father’s credit cards after his death to accumulate $14,000 in charges for her personal expenses and stole and forged a $12,505 life insurance check according to the government. The complaint stated that the woman used the money for clothes, travel, entertainment, restaurants, online shopping, cosmetic procedures and tattoos.
After the thefts were discovered, the victim was forced to sell her home and move into an assisted living facility.
Protecting Seniors From Financial Abuse
A caregiver should never have access to a senior’s cash, checks, PINs, ATM cards or credit cards. Ever. Even if you consider the caregiver to be trustworthy, just don’t do it. You’re only asking for trouble. A dishonest caregiver or other stranger in a senior’s home will grab whatever they can get. 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 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.
