ATTORNEY NEWSLETTER
Stolen Checks And Unauthorized Debit Card Use Alleged
Money Sent To CashApp Accounts
Protecting Loved Ones From Financial Elder Abuse
Stolen checks and debit and credit cards are recurring forms of financial elder abuse by dishonest caregivers with access to checks and cards, and account PINs. Whenever a dishonest caregiver gains access to cash, checks, cards and confidential financial information of an elderly person, there is a risk that they will use that information to take as much money from the senior as they believe they can get away with. As a recent case discussed below illustrates, a senior’s hospitalization may really give the dishonest caregiver extra time and home access to step up their theft. We have seen cases where greedy caregivers do just that. 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 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).
Alleged Caregiver Theft
In one reported case,[1]a woman has been arrested and accused of stealing money from a victim while acting as their caregiver. The local Sheriff’s Office said the suspect was arrested and charged with several fraud-related counts including financial identity fraud, financial transaction card theft and grand larceny. The sheriff’s office said the suspect was a longtime caregiver for the victim, who died on July 26 after being admitted to a hospital four days earlier. Between the dates of July 22 and July 29, the sheriff’s office said the caregiver allegedly signed checks from the victim’s checkbook, used their debit card for purchases and sent money to her own Cash App account for her personal use. Public court records show the suspect has posted bond and the charges are pending.
Contact Us
Keep confidential financial information out of reach for any caregiver in your older loved one’s home. Never let a caregiver know Social Security numbers, bank account numbers, PINs or any other confidential financial information of any kind. Regularly monitor all a senior’s accounts – not just the household checking account. Start your due diligence even before you get to the account monitoring stage. 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, 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. If you sense any kind of abuse of an older loved one in San Mateo, 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. was not involved in the case in any way.
