ATTORNEY NEWSLETTER
Two Sisters Sentenced For Theft
Elderly Victim In Care Facility
$272,000 Stolen According To California Attorney General
Just like older persons under the care of in-home caregivers, elderly residents of care facilities are also at risk of financial elder abuse. Such financial abuse may occur at the hands of the facility staff being paid to care for the senior. The abuse may include stolen cash or items from a patient’s room, forged checks, unauthorized use of credit cards, or suing confidential information to gain access to the senior’s bank accounts. Anyone assisting a person in wrongfully taking the property of any elder or dependent adult is also guilty of the crime of financial elder abuse and liable for damages and payment of the victim’s attorneys’ fees and expenses. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15657.5 (mandatory award to victim of his or her attorneys’ fees and expenses).If you or a loved one has been the victim of financial elder abuse by a caregiver or other person in the San Francisco Bay Area or elsewhere in California, 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).
Sisters Sentenced For Abuse Of Care Facility Resident
In a sentencing announced earlier this year by California Attorney General Rob Bonta[1], two sisters were sentenced for allegedly stealing approximately $272,000 from a 66-year-old woman who resided at a residential care facility. “Two sisters decided to take advantage of an elderly resident for their own personal gain, and now they are facing the consequences of their actions. The stolen money that has been returned will be donated towards its intended purpose, fulfilling the last wishes of a resident who wanted to do good for others,” said Attorney General Bonta. “Our senior citizens face financial abuse all too often, and I am committed to raising awareness on this issue and protecting other residents from falling victim to similar crimes.” An investigation by the California Department of Justice revealed that a facility administrator at the care facility allegedly convinced the victim to provide checks totaling more than $272,000, to which she had no right collecting. The administrator’s sister assisted with the theft by allowing large amounts of stolen money to be deposited into her bank accounts, according to the complaint. The victim subsequently passed away from serious health issues. In her final will and trust, the victim requested to her estate to two charities. The defendants’ fraudulent actions significantly deprived the victim of these final wishes, according to the AG’s office. As part of the plea agreement entered in the case, both defendants were required to immediately pay $240,000 back into the victim’s estate. Attorney General Bonta says that the entire amount of approximately $272,000 will ultimately be paid back to the victim’s estate and distributed to the two charities listed in the victim’s will and trust.
How Families Can Protect Seniors From Financial Elder Abuse
Any senior, like the victim in the reported case, is vulnerable to theft even from those entrusted and paid to care for them, like the facility administrator in the reported case. Stay in frequent contact with any older loved one and ask them about anyone making requests for money or checks or prying into their personal or financial affairs; the finances of a senior are none of a caregiver’s or facility staff member’s business. Monito a senior’s bank accounts online constantly to catch any suspicious checks or withdrawals or other account activity. 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 or facility administrator or staff member. 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 the San Francisco Bay Area or elsewhere in California 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.
