ATTORNEY NEWSLETTER
84-Year-Old Care Facility Victim
$500,000 Bank Account Reduced To Five Cents
Protecting Seniors From Caregiver Fraud
Financial elder abuse or caregiver fraud by a dishonest caregiver with access to a senior’s finances may start out relatively small, but the amounts stolen can grow over time as the predator gets away with his or her theft. In one recent case, discussed below, a caregiver allegedly wiped out an entire $500,000 bank account of his elderly patient. Whatever the form of financial elder abuse and whatever the amount taken, 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 or elsewhere in the South Bay or Northern California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Fraud On 84-Year-Old Victim
In the reported case mentioned above,* a caregiver employed at an assisted care facility has been arrested for allegedly defrauding an 84-year-old facility resident of $593,721, leaving the victim with only five cents in his bank account. A police investigation reportedly began late last year after the victim’s family contacted the Police Department after the victim and his family discovered that his bank account – which, at last check, had over $500,000 following the sale of two properties – contained only five cents. The victim, who reportedly relied on the arrested caregiver for physical care and financial management, initially told investigators he had hoped for an amicable resolution. However, he later requested a full investigation and criminal charges when funds were not returned. Bank statements obtained by investigators allegedly revealed a pattern of unauthorized transactions, including systematic online transfers from the victim’s account to an account owned by the caregiver at another bank. These transfers amounted to a total of $489,272, according to police. In addition to online transfers, police say records also show ATM withdrawals of the victim’s funds. The investigation revealed that the caregiver allegedly created usernames and passwords without the victim’s consent, using the victim’s debit card details to carry out unauthorized transactions. Police records show the total investigators allege the caregiver stole was $593,721.10 from the victim. However, investigators continue to audit the victim’s past financial records to determine if more was stolen.
Protecting Seniors From Financial Elder Abuse
A caregiver should never have access to a senior’s financial accounts online or to any cash, checks, 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 or caring for a senior in a facility 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 abuse of an older loved one in Santa Clara County or anywhere else in the South Bay or Northern California, 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.
