ATTORNEY NEWSLETTER
Elderly Woman Removed From Assisted Care Facility
Caregiver Allegedly Added Her Name To Victim’s Accounts
Family Notified Authorities Of Account Changes
According to FBI and National Institute of Justice statistics, as many as one in 10 seniors are victims of financial elder abuse. Their financial predators are most often caregivers or other persons in close proximity to their victims. Fraud by dishonest caregivers ranges from theft of cash, credit cards and checks to elaborate schemes aimed at taking an elderly victim’s entire estate. Online access to an elderly person’s financial accounts is a frequent means of this type of financial elder abuse. While theft from any person is a crime, when the victim is over 65 any theft is also 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 is a victim of elder or dependent adult abuse or neglect in Santa Clara County call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Arrest
Authorities recently arrested a caregiver accused of exploiting an elderly dementia patient for financial gain. The investigation began when the victim’s son and daughter contacted the local Sheriff’s Office to complain that their mother had been removed from an assisted living facility by the caregiver, and taken back to the victim’s own home. The victim’s son told investigators that once she was removed from the facility, the caregiver began assisting the victim with signing bank documents and adding her name to the victim’s bank accounts. According to the sheriff’s office, while the victim was in the facility, all of her affairs were being handled by her daughter, who held power of attorney.
The victim’s son and daughter told investigators they became concerned when they started receiving emails indicating account information was being changed at various financial institutions. After receiving the emails, the daughter said she contacted the institutions and provided POA documents, but they would not release any additional information to her. In addition to finding recent documents listing the caregiver as the new POA for the victim, detectives say they found information for a new bank account where the caregiver listed herself as an account holder with a designation of “joint with survivorship,” giving her full access to the victim’s funds upon her death. The same day the bank account was created, investigators say the caregiver transferred all of the victim’s funds- more than $60,000- to the new account, giving her immediate full access. Bank records also showed the victim’s Social Security, Veteran Affairs, and insurance benefits had been diverted to the new account according to police.
Contact Us
The reported case illustrates the danger of letting strangers work their way into an older person’s life. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation. If you sense any kind of abuse of an older loved one in Santa Clara County, 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).
