ATTORNEY NEWSLETTER
Suspect “Helped” 99-Year-Old Victim Run Errands
Investigation Discovers Wire Transfers Of $582,647
Money Spent Paying Off Mortgage, A New Car And Vacations
We often write that seniors are potential victims of financial elder abuse from various persons – caregivers, second spouses, girlfriends or boyfriends or other “new” friends, trustees, financial advisors, insurance agents, and more. In a reported case, discussed below, the alleged financial predator of a 99-year-old woman was a waitress the woman met in a restaurant who later began “helping” the senior run errands. 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 in San Francisco or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Former Waitress/”Helper” Charged With Theft
In a recently reported case, [1] a woman has been arrested and accused of taking nearly $600,000 from a 99-year-old woman’s account to spend on extravagant vacations and bills. The brother of the elderly woman tipped off investigators after she moved into a senior living home. The brother lives out of state and became responsible for her financial accounts. He told sheriff’s deputies he noticed large money transfers to the suspect over the last few years. helping the 99-year-old woman run errands after her husband died. The woman reportedly met the elderly victim and her late husband while working as a waitress in a local restaurant. Bank records pulled by the sheriff’s office show wire transfers to the suspect’s account for more than $582,647. Investigators spoke with the suspect’s attorney who claimed the victim and the suspect had a joint business venture. The sheriff said the attorney’s office could not provide documents to prove a business relationship for the money transfers. Investigators said the suspect spent that money to pay off her mortgage, buy a car, fund trips to Walt Disney World; Pigeon Forge, Tennessee; the Atlantis Resort in the Bahamas; Washington, D.C.; and to go skiing in Utah. The victim’s brother told the sheriff’s office that he believes the suspect tried to keep the woman away from family members to hide the scheme.
Contact Us
Careful monitoring of 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. Also, if a stranger starts “helping” your older loved one, check them out too; speak privately with your loved one and find out what the relationship with the “helper” is really like. Make sure any stranger is denied access to any back account information. Never, ever give a caregiver or “helper” or other new “friend” 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. If you sense any kind of abuse of an older loved one, 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.
