ATTORNEY NEWSLETTER
Agency To Pay $100,000 Fine
District Attorney Says Thousands Stolen From Patient
Importance Of Background Checks<h3>
Before you ever let a stranger into a senior’s home as a caregiver or in other capacity to work in the home, conduct your own background check on the individual. Ask for references and contact them for their opinion before you let the prospective hire in the house. Even if you are going through an agency do your own background checks as you cannot be sure the agency has done its job in vetting the aides before they are assigned in client homes. Once the individual has passed a background check and begins working in the home keep an eye on the senior’s bank account balances, credit card statements and checks. Valuables should be safely out of reach. 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 has been the victim of financial elder abuse by a caregiver or other person in San Francisco, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
Agency Fined
In a recently reported case,[1] a company that provides in-home care has paid $100,000 in civil penalties after being caught placing unscreened caregivers into the homes of the elderly and disabled, resulting in one agency client getting thousands of dollars stolen from him. The penalty was the result of a District Attorney’s Office consumer protection lawsuit which alleged that the agency failed to perform background checks and hired unregistered aides. By law, those convicted of any crime are barred from serving as home aides. At the same time, the company allegedly made false statements on its website and in its client agreements that its aides were properly screened, according to the District Attorney. At least two of its workers committed theft, according to the DA’s office.
The key to getting a good caregiver is asking the right questions, according to one professional in the home care industry. Long lists of questions to ask are available online — about trainings, insurance, complaints, policies and referrals. The California Department of Social Services has an online registry of all registered home care aides, who can be searched by name.
Protecting Older Loved Ones
Any senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work. Before you allow any stranger to work in an older loved one’s home, do a background check on the person, even if they are coming through an agency. If your older loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables are in a safe place away from reach. If a senior has any cards that they never use, destroy them and alert the relevant bank or credit card company that the card is discontinued. Never give a caregiver a credit card or ATM card to shop or get cash for a senior. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance. Never, ever grant a power of attorney to a caregiver. Visit your older loved one as regularly as you can to see firsthand how they are doing. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elder and dependent adults in San Francisco who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
