ATTORNEY NEWSLETTER
Fraudulent Power Of Attorney Alleged
Suspicious Activity Discovered By Family
Protecting Seniors From Caregiver Fraud
Seniors with in-home caregivers are at risk of fraud and theft if the individuals working in the home are dishonest. Caregiver fraud/caregiver theft is sadly a recurring form on financial elder abuse throughout California and here in San Mateo County. Fortunately, California law provides heightened remedies for seniors who have been financially abused. For starters, California law 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.
Cal. Welf. & Inst. Code § 15610.30.
Whatever the “form” or frequency or size of financial elder abuse, under this broad statutory definition, 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. In one reported case, discussed below, a caregiver falsified time records for the work performed for an elderly patient and altered checks to defraud the senior of over $35,000. If you or a loved one is a victim of elder or dependent adult abuse or neglect in San Mateo County call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Fraud
In a recently reported case, a 26-year-old caregiver has been arrested on charges of fraud on her elderly victim. A Sheriff’s Department investigation of the individual began after a family member living out of state noticed suspicious activity in the victim’s bank account and alerted authorities. Detectives executed a search warrant at the caregiver’s residence and then took her into custody. The sheriff’s office said once in a position of trust as a ‘caregiver’, she had exploited her victim’s confidence to access the elderly victim’s financial resources and personal identification. Another investigation concerning the suspect began after staff at a local hospital alerted authorities regarding allegedly fraudulent Power of Attorney documents. According to the arrest affidavit, the elderly victim unknowingly signed documents, granting the caregiver legal authority, allowing her to act on the victim’s behalf. In this same case, detectives said the victim reported unauthorized use of her credit card and her vehicle.
Protecting Seniors From Caregiver Fraud
Always do a background check on any caregiver before he or she is hired. Ask for references and check them. Once the caregiver is on the job have the timecards sent to you so you can verify their accuracy. There are other important steps to follow as well to prevent more elaborate schemes of financial abuse. Careful monitoring of a senior’s checking account – and close review of cancelled checks – may have caught the reported fraud in this case sooner than eight or nine months. 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.
Contact Us
If you sense any kind of abuse of an older loved one in San Mateo County, 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).
