ATTORNEY NEWSLETTER
Two Case Examples
Financial Exploitation Of Older Parishioners
Protecting Older Loved Ones
While all seniors are potential victims of financial elder abuse, those who are alone are particularly at risk. Sometimes, the financial abuser is a stranger; like a new caregiver working in the senior’s home or a contractor working in the home. But often, the abuser is someone the senior knows well and trusts like a financial advisor, or stockbroker, or even the older person’s pastor, priest, rabbi, ministers, preacher, clergyman, reverend, or other spiritual advisor as the two cases discussed below illustrate. In other words, financial elder abuse can come from a variety of directions. Regardless of the abuser, left undetected financial elder abuse can go on for years but for some victims the consequences are so severe and sudden that the theft is known right away. Whatever the timing or form of financial elder abuse and whatever the amounts, 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, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Examples Of Financial Elder Abuse By Pastors/Priests/Rabbis/Ministers/Preachers/Clergymen/Reverends, Or Other Spiritual Advisor*
In the first example, a pastor allegedly stole up to $50,000 from a 91-year-old church member. According to police, the pastor took the elderly church member who reportedly has dementia to a credit union to apply for a loan to buy a pontoon. The loan officer denied the loan request even after she was shown a power of attorney document for the elderly member that the pastor presented during the loan application process. According to police, the loan officer became suspicious when she noticed the pastor’s folder contained other power of attorney documents for other members of the same church. According to police, the defendant repeatedly used the couple’s money to make personal payments on his own behalf, including for a car loan. In all, the pastor allegedly embezzled up to $50,000, including cashing out two life insurance policies.
In the second example, a priest was arrested in September for allegedly stealing nearly $90,000 from an elderly widowed parishioner. Court records show the widow had a money market trust account at a local bank that her late husband established to support the church. According to the police, the priest reportedly arranged with the victim to be given pre-signed blank checks drawn from the account. But instead of the money going to the church, the priest allegedly deposited the money into his own private account and spent it on expensive dinners, gourmet chocolate, and a new car. The church, meanwhile, was out of money and unable to support wages at its Catholic school, police said. When her bank account became overdrawn the victim alerted church officials, who then went to police.
Protecting Older Loved Ones From Financial Abuse
Regularly monitor all of a senior’s accounts; view account activity online every day if you can. Start your due diligence sooner too. Always do a background check on anyone you hire as a caregiver; get references and call them. Never, ever give a caregiver or other person a Power of Attorney, ATM card, credit card, or a blank check. Stay involved in any senior loved one’s life so dishonest individuals do 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, 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).
- Evans Law Firm, Inc. was not involved in either of the cases reviewed here.
