ATTORNEY NEWSLETTER
Elderly Victim Suffers Physical And Financial Abuse
Theft And Assault Alleged
Protecting Seniors
Sadly, seniors are often abused or neglected by those closest to them, including those paid to care for them in their homes. Where a dishonest caregiver is after a patient’s money, actually caring for that elder means little to the caregiver. Physical abuse or neglect of an elder may be coupled with financial abuse, as the allegations in one reported case, discussed below, reveal. Greedy caregivers, intent on stealing a senior or dependent persona’s money or possessions, may care little about their health and may abuse or neglect them as part of the scheme of getting money or may simply not care. Physical and financial elder abuse and certain forms of neglect are all crimes and grounds for civil liability of the abuser. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15610.57 (definition of neglect).; Cal. Welf. & Inst. Code § 15610.63 (definition of physical abuse). Evans Law Firm, Inc. represents seniors and their families against any parties responsible for abuse or neglect of a senior. We pursue all remedies available to the injured senior including an award of attorneys’ fees and expenses for bringing the action. Cal. Welf. & Inst. Code §§ 15657 and 15657.5. If you or a loved one is a victim of financial elder or dependent adult abuse or neglect in Santa Clara County, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example
In the reported case mentioned above, police say a woman paid to help take care of a man in his 70s with ALS instead robbed and tried to strangle him in a recent attack at his home. According to the arrest affidavit, the victim told officers with assistance from two other caregivers that a former employee came to his home at night and spent 30 minutes to an hour assaulting him by means of strangulation. The victim told police he begged for his life and identified the suspect as a former caregiver. The man told police the suspect stuffed a rag into his mouth, laid him on the bed, held his nose shut, and poured water in his face. According to the affidavit, during the altercation, the caregiver allegedly told the victim, “Are you going to send me a 1099 now?” The victim told the police he thought he was going to die. He closed his eyes and feigned death and the caregiver left after allegedly taking $4000 in cash from the home, according to police. The individual faces charges of aggravated burglary, aggravated robbery, attempted first degree murder and aggravated abuse of an elderly or vulnerable adult.
Protecting Seniors
Always do a background check on anyone you hire as a caregiver; get references and call them. The horror of this case illustrates just how vulnerable an elderly or disabled person is to any attack. Visit any loved one under the care of an in-home caregiver as frequently as you can to determine if they are being abused, intimidated, frightened or neglected by anyone in the home. If your loved one has multiple caregivers, interview each of them about whether they think there may be a problem. In the reported case, two of the man’s caregivers helped him tell authorities what had happened to him. Never allow a caregiver access to checks, cash or credit cards. Even if you have checks under lock and key continue to monitor a senior’s account online as online or phone access may also redirect their money to a caregiver’s accounts or the senior’s money may be used to pay a caregiver’s bills online. 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 Santa Clara 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).
