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Jan 20, 2025 by |

Santa Clara County Financial Elder Abuse Attorney: Caregiver Arrested For Fraudulent Credit Card Use

ATTORNEY NEWSLETTER

Caregiver Of Couple’s Grandson Arrested

Household Access To Credit Cards

Remedies For Caregiver Fraud

Dishonest caregivers and other persons with access to a senior’s credit cards, checkbook, or cash may use their access to steal from unsuspecting seniors.  We at Evans Law Firm, Inc. always recommend that seniors keep all credit cards, checks and cash away from anyone working in a senior’s home. While theft from any person is a crime, when the victim is over 65 the theft constitutes criminal financial elder abuse and grounds for civil liability against the person who took the property.  Anyone assisting in financial elder abuse, even if another person is the one who physically takes the elder’s property, also commits financial elder abuse and is responsible for the property taken.   Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2).  California broadly defines what constitutes financial elder 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 has been the victim of financial elder abuse by a caregiver or other person in Santa Clara County, call us today at (415)441-8669.  We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).

 Caregiver Arrested For Fraud

In one reported case,[1]  a local Sheriff’s Office has arrested and charged a caregiver with credit card fraud and theft after she allegedly committed financial crimes against a family she was hired by.  Authorities say the caregiver was arrested and charged with fraudulent use of credit/debit cards, identity theft, and fourth-degree theft of property.  Investigators say the caregiver was employed by a family whose grandchild has autism. During the time she was employed with the family, according to the Sheriff’s Office, the woman allegedly would routinely access the family’s home and their personal belongings, which led to her obtaining credit card information that belonged to a family member of the household, which she used to make unauthorized online purchases. The family then alerted authorities after they began to notice suspicious transactions in their financial statements. Through a thorough investigation, authorities were able to identify the caregiver as the suspect, according to a press release by the Sheriff’s Department.

“The betrayal of trust in this case is particularly concerning,” said the local Sheriff.  “Families entrust caregivers to help with their most vulnerable loved ones, and to have that trust violated is both heartbreaking and unacceptable.”  The Sheriff asked that any families that may employ in-home caregivers take precautions to ensure the safety of their personal belongings.

Remedies For Victims

Any senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work.  If your older loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables are in a safe place away from reach.  If a senior has any cards that they never use, destroy them and alert the relevant bank or credit card company that the card is discontinued. Never give a caregiver a credit card or ATM card to shop or get cash for a senior. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance.  Never, ever grant a power of attorney to a caregiver.  Visit your older loved one as regularly as you can to see firsthand how they are doing.  Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters.  Most important of all, if you suspect anything wrong, do something about it right away.

Contact Us

Ingrid M. Evans represents elder and dependent adults in Santa Clara County who are victims of any kind of financial exploitation or other abuse.  Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. 

[1] Evans Law Firm, Inc. was not involved in the reported case in any way.

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