ATTORNEY NEWSLETTER
Unauthorized Debit And Credit Card Charges
Also Charged With Forging Checks
Protecting Older Loved Ones
Dishonest caregivers with access to credit and debit cards or checks or even just a few pieces of important information like a senior’s date of birth and Social Security number can steal from an elderly victim. Any taking of a senior’s property, or any assistance in that taking, through this kind of caregiver fraud/caregiver theft 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 caregiver fraud or caregiver theft or elder financial abuse in Santa Clara County, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Alleged Caregiver Fraud Case
In a recently reported case of caregiver fraud*, a caregiver has been charged for allegedly defrauding multiple patients who were under her care. Reports allege that the individual stole thousands of dollars from her clients for various purchases they did not authorize. One family member of a victim describes the alleged crimes against her uncle as “hurtful, because some people don’t have family to take care of them.” The woman said the arrested caregiver cared for her uncle at a group home. A State investigation of suspicious activity in this and other victims’ account resulted in allegations of check forgery and unauthorized debit card transactions totaling up to $7,000. The caregiver now faces charges ranging from credit and debit card fraud to forgery and financial exploitation of the elderly.
One investigator described the victims this way: “They’re alone, they’re isolated, they just want to communicate and have conversations with people. So you give them that and it might make them open up to you to ,”Hey, can you help me with my bills,'” she said. The investigator noted further that for every one case of exploitation there are about 44 that go unreported. She said that if no reported, it can take months or even years for law enforcement to step in and intervene. “A lot of people that were there at that facility didn’t have anybody, no family that would go visit them,” the family member of one victim said.
Protecting Older Loved Ones
Keep confidential financial information out of reach for any caregiver in your older loved one’s home or room if they live in a care facility. Never let a caregiver or anyone on facility staff know Social Security numbers, bank account numbers, PINs or any other confidential financial information of any kind. Regularly monitor all a senior’s accounts – not just the household checking account. Start your due diligence even before you get to the account monitoring stage. Always do a background check on anyone you hire as a caregiver; get references and call them. If you are admitting a loved one to a facility, check its license status with the California Department of Health and Social Services. Never, ever give a caregiver or facility staff person 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 caregiver fraud or financial elder abuse of an older loved one in Santa Clara County or elsewhere in the San Francisco Bay Area, call us right away. 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.
