ATTORNEY NEWSLETTER
Aide Stole Jewelry, Cellphones And Designer Purses
Aide Employed At Facility For 14 Years
Prison Sentence And Restitution
Seniors in assisted care facilities face the risk of financial elder abuse like those seniors under the care of in-home caregivers or other strangers in their homes. This kind of financial elder abuse often takes the form of stolen jewelry, other valuables, cash or checks, forged or altered checks, unauthorized credit card purchases or ATM withdrawals or transfers of money out of a senior’s accounts online. The amounts may be relatively small at first and then, when the dishonest caregiver thinks he or she is getting away with their theft, will likely grow over time. Whatever the “form” or size of financial elder abuse, 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, the San Francisco Bay Area or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Facility Aide Sentenced For Theft
In a recently reported case, [1] a woman who worked at an assisted living facility for 14 years has been sentenced to prison for stealing jewelry and other items from elderly residents. She was also ordered to pay $7,700 in restitution to the families of the victims she stole from. An investigation began in March 2022 when one victim’s family discovered that while their relative, a facility resident, underwent surgery and recovery, several items of jewelry and a cell phone had gone missing from the secured bedroom. The police investigation reportedly uncovered at least 11 victims and pawn shop records which show that between 2015 and 2022 the aide received at least $7,700 by selling 81 items including jewelry and several designer purses. Following arrest, the aide plead guilty to theft and financial elder abuse. She was sentenced to eighteen months prison time and ordered to pay restitution.
Contact Us
Jewelry and other valuables can disappear quickly when a senior is under the care of an in-home caregiver or facility aides, as the reported case illustrates. Keep all jewelry, cash and valuables in a safe place and not in your loved one’s facility room or home. Also, keep an eye on you loved one’s bank accounts. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. 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, 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.
