ATTORNEY NEWSLETTER
Family Hired Caregiver Through Agency
Within A Few Hours Caregiver Allegedly Accessed Accounts
Wire Transfer And Stolen Cash And Credit Cards
We have previously advised that financial abusers strike quickly when they have access to cash, checks, credits cards and bank accounts online. A recent case, discussed below, shows just how quickly an unscrupulous caregiver may act when he or she enters a senior’s home. Sudden or prolonged, any form of financial elder abuse is a crime and grounds for civil actions for damages and other relief. Penal Code § 368; Cal. Welf. & Inst. Code §§ 15610.30(a)(1)(definition of financial elder abuse. Persons who assist in taking cash or property from a senior also commit financial elder abuse. Cal. Welf. & Inst. Code § 15610.30(a)(2). Victims may also have claims against any business or agency employing or supervising the caregiver or other person abusing a senior. If you suspect anything is wrong, do something about it. If you or a loved one has been the victim of financial elder abuse in San Jose or elsewhere in Santa Clara County, San Francisco or anywhere in California, 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 Stealing From Dying Man
In one recent case,[1] a caregiver has been arrested after allegedly stealing from a bedridden, dying elderly man. According to police the man’s son and daughter-in-law cared for the man I his home after his wife of 56 years died of cancer. One day, the couple needed to go out and run a few errands without the man and contacted the agency that had provided caregivers for the deceased wife. The agency sent a caregiver to the home and the couple went out to do their errands. The very next morning the man’s bank called to report suspicious activity in the man’s account. According to police, $1,500 from the man’s bank account had been transferred to the caregiver’s account. The family then noticed that someone had entered a closet and found the deceased wife’s purse with credit cards. As soon as the caregiver had left the home, charges began on the credit card for clothes, a new set of tires, groceries and a car wash. According to police the charges added up to $700 in less than two days. Police called the agency where the caregiver worked. The agency reportedly fired her and told her she needed to pick up her paycheck, however, she never did. According to police she left town. She was subsequently arrested out of state. Charges are pending
How To Protect Seniors
The abuse in the reported case began almost immediately after the caregiver was alone in the bedridden senior’s home. According to the complaint, she gained online access to his accounts and had time to rummage through the house looking for credit cards. The case illustrates just how careful you need to be about allowing anyone access to a senior’s home. Run a background check on anyone you allow in their home even if the aide is assigned by an agency. Ask for references and check them out. Remove jewelry, silver and valuable possessions from the home. Remove all credit cards and cash from the home. Have financial statements mailed to your own address so others do not have access to you loved one’s business mail. Never, ever grant a power of attorney to a caregiver. Do not allow a caregiver to take a credit card to go shopping or an ATM card to go get a senior some cash; you’re only asking for trouble if you do. Perhaps most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
If you suspect financial elder abuse of a loved one, friend or neighbor in Santa Clara County, San Francisco, or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid pursues all available remedies for families and injured seniors against those responsible, including an award of attorneys’ fees and costs for the victim or his or her family. Cal. Welf. & Inst. Code § 15657.5.
[1] Evans Law Firm, Inc. is not involved in the case in any way.
