ATTORNEY NEWSLETTER
Unauthorized Debit Card Use And Forged Check Alleged
One Elderly Victim And One Disabled Victim
Remedies For Injured Dependent Adults
Unauthorized credit and debit card use and forged checks are two recurring ways dishonest caregivers financially exploit elderly and dependent persons. Altering their paychecks to make them greater is another. Outright theft of cash and valuables is another form of abuse as is unauthorized online access to a senior’s bank accounts or Social Security benefits. Some 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 or the South Bay or elsewhere in Northern California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example of Caregiver Fraud/Caregiver Theft*
In one reported case, a paid caregiver has been accused of financially exploiting an elderly victim and a disabled victim for over a month. The caregiver was arrested and charged with two counts of financial exploitation of an elderly/disabled person, one count of forgery, and two counts of unlawful possession of a credit or debit card. According to police, during a two-month period, the caregiver allegedly carried out a series of deceptive criminal acts to fraudulently obtain money on behalf of two victims: an elderly victim and a disabled victim diagnosed with cerebral palsy. Police say the woman was a paid caregiver for both victims, placing her in a position of trust with them and resulting in the financial exploitation charges. Police allege the caregiver used the debit card of the disabled victim to defraud take between $500-3,000. She reportedly used the credit card of the elderly victim to carry out the same offense, defrauding the victim of $500-3,000. During the same timeframe, she is also accused of writing herself a fraudulent $2,000 check and forging the elderly victim’s signature on the check.
Protecting Seniors From Caregiver Fraud
Always do a background check on any caregiver before he or she is hired. Ask for references and check them. Once the caregiver is on the job have the timecards sent to you so you can verify their accuracy. There are other important steps to follow as well to prevent more elaborate schemes of financial abuse. Careful monitoring of a senior’s checking account – and close review of cancelled checks – may have caught the reported fraud in this case sooner than eight or nine months. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. 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 or elsewhere 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).
