ATTORNEY NEWSLETTER
Reported Case Example
Online Transfers And Account Access
Protecting Seniors
Unauthorized online money transfers are a common form of financial elder abuse perpetrated on older persons. Dishonest persons working for seniors in their homes as caregivers are all too frequently perpetrators of this kind of fraud. If a dishonest caregiver has confidential information about a senior like their Social Security Number, birthdate, bank accounts numbers and maybe even their account PIN, they can access the senior’s account anonymously online and transfer money to themselves. Amounts transferred may start out small and if the caregiver believes he or she is getting away with it, the amounts will predictably grow over time. Any such theft is 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.
Cal. Welf. & Inst. Code § 15610.30.
Whatever the “form” or frequency or size of financial elder abuse, under this broad statutory definition, 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. If you or a loved one is a victim of financial elder abuse in Santa Clara County or elsewhere in the San Francisco Bay Area, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267). In certain caregiver fraud cases, Evans Law Firm represents victims on a contingency basis, meaning the firm is paid a percentage of any recovery and no upfront fees are paid by the victim to start the case.
Case Example
In a recently reported case, [1] a caregiver was sentenced to 5-15 years in prison, followed by a consecutive 1-3 years in prison, and ordered to pay $164,332.26 in restitution for stealing from an 81-year-old man who was in her care. “Stealing from the elderly, particularly when entrusted with their care, is a betrayal of the highest order,” the sentencing judge said. “It not only violates the law but also undermines the trust and respect that should be afforded to our most vulnerable citizens” The defendant was acquainted with the victim, eventually moving into his home to work as his caregiver in lieu of rent around 2017, the district attorney’s office said. In 2022 when the man was admitted to a nursing home, he reported to police that his bank account had been essentially depleted by the caregiver. Following the caregiver’s arrest, the district attorney’s office said she continued to steal from the man’s account, using his personal information to transfer money to herself via online and app-based services such as Apple Pay. Between December 2017 and April 2023, according to the county’s investigation, she stole $164,332.26.
Protecting Seniors From Fraud
Always do a background check on any caregiver before he or she is hired. Ask for references and check them. 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. 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 financial abuse of an older loved one in Santa Clara County or elsewhere in the San Francisco Bay Area, 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).
[1] Evans Law Firm, Inc. was not involved in the case in any way.
