ATTORNEY NEWSLETTER
Caregiver Allegedly Wrote Check’s On Patient’s Account
$9100 In Illegal Checks Alleged
Protecting Older Loved Ones
Access to a senior’s checkbook by a stranger in the senior’s home, such as an in-home caregiver, is a recurring source of caregiver fraud. While all seniors are potential victims of financial elder abuse, isolated seniors living under the care of in-home caregivers are especially at risk. Most caregiver starts out relatively small, the amounts stolen grow over time as the dishonest caregiver gets away with his or her caregiver theft. Left undetected, caregiver fraud/caregiver theft can go on for years but for some victims the consequences are so severe and sudden that the theft is known right away. As a recently reported case, discussed below, illustrates, illegal check writing can quickly add up and cause a senior to lose thousands of dollars to fraud in just a little time. 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 caregiver fraud or caregiver theft or financial elder abuse in San Francisco call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example
In a recently reported case*, a woman has been arrested after being accused of illegally writing nearly $10,000 in checks on the account of an elderly woman in her care. According to police, the accused caregiver allegedly wrote checks amounting to $9,100 from the account of the elderly woman she was caring for, without her consent. An investigation performed by local detectives revealed the misuse of funds by the caregiver. As the Police Department noted in its announcement of the arrest, this incident underscores the potential risks in caregiving arrangements for the elderly, prompting a review of safeguards and oversight in such roles.
Protecting Seniors From Financial Abuse And Caregiver Fraud
A caregiver should never have access to a senior’s checks, cash, 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 caregiver fraud or caregiver theft or elder financial 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).
*Evans Law Firm, Inc. was not involved in the reported case in any way.
