ATTORNEY NEWSLETTER
Case Example
Nursing Home Caregiver Theft
Protecting Older Loved Ones
All seniors are potential victims of financial elder abuse whether they are still living in their home or residing in a facility. In many instances, the financial abuser is a caregiver who is being paid to care for the older person in their home or a facility. Wherever the senior lives and whatever the “form” or frequency or size of financial elder abuse, 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 Santa Clara County call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrested For Theft From Nursing Home Residents
In one reported case, a caregiver employee at a skilled nursing facility has been arrested for stealing from nursing home residents, according to local prosecutors. The caregiver was arrested on two counts of exploitation of a vulnerable adult, two counts of financial identity fraud, and two counts of obtaining property under false pretense. The arrested caregiver is alleged to have obtained bank account information belonging to residents and illegally appropriated funds or assets. Investigators also believe that the defendant used the victim’s bank accounts to make personal payments for herself and another person in an amount less than $2,000. All of the victims resided in nursing homes at the time of the alleged wrongdoing.
Protecting Seniors From Fraud
As the reported case illustrates, nursing home residents are potential victims of caregiver fraud just like isolated seniors living at home under the care of in-home caregivers. Do not be any less vigilant in protecting your older loved from financial elder abuse just because he or she resides in a facility. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. Be sure to look at every charge, withdrawal or money transfer. Unauthorized online or phone access to a senior’s account is a very common form of financial elder abuse since the senior (particularly if he or she is in a care facility) is not likely able to review his or her accounts 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 or care facility 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).
