ATTORNEY NEWSLETTER
Financial Elder Abuse Of Facility Residents
Recent Allegations Against Facility Owner
Protecting Older Loved Ones
We often write about financial elder abuse of isolated seniors by their in-home caregivers. But seniors residing in care facilities are also at risk of financial elder abuse by the staff and even the owners of the facilities in which they reside, as a recent arrest, discussed below, illustrates. Wherever financial abuse of a senior occurs and whatever the 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 financial elder abuse in San Francisco call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Case Example[1]
An owner of a senior care facility in California has been arrested for financial abuse of an elder and identity theft according to local authorities involved in the case. Earlier this summer, a resident at the facility noticed charges to her checking account that she did not authorize. She contacted law enforcement about the irregularities. The local Sheriff’s Office conducted an investigation and discovered several allegedly unauthorized transactions from the woman’s account were used to make “personal financial payments” on behalf of the owner of the facility as well as the owner’s wife and his father, according to the Sheriff’s Office. The owner of the elder care facility was arrested and booked on violation of PC 368(d)(1)-Financial Elder Abuse and PC 530.5(a)-Identity Theft according to the Sheriff’s Office because he was determined to have been the one responsible for the unauthorized transactions according to the Sherif’s press release regarding the arrest.
Protecting Older Loved Ones
Regularly monitor all of a senior’s accounts; view account activity online every day if you can. Never, ever give a caregiver a Power of Attorney, ATM card, credit card, or a blank check. If your loved one is under the care of an in-home caregiver, the 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.
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. is not involved in the reported case in any way.
