ATTORNEY NEWSLETTER
Unlicensed Caregiver Hired Off Craigslist
Unauthorized Checks, ATM Withdrawals And Theft From Safe
Caregiver Allegedly Abused Victim Emotionally Too
Half of all elder abuse in this country is committed by strangers who come into a senior’s life as caregivers, workmen, or in other capacities. Elderly persons under the care of unscrupulous or cruel caregivers in particular can fall victim to all forms of elder abuse, including physical and emotional abuse and financial abuse. Any form of elder abuse is a crime and grounds for civil actions for damages and other relief. Penal Code § 368; Cal. Welf. & Inst. Code §§ 15610.30(a)(1)(definition of financial elder abuse); 15610.35 (definition of mental suffering); 15610.63(definition of physical abuse). Anyone who assists in any taking of cash or property from a senior also commits financial elder abuse. Cal. Welf. & Inst. Code § 15610.30(a)(2). Relief against any abusers can include awards to the victim of attorneys’ fees and expenses for bringing case. Fee awards to the victims are mandatory in financial elder abuse cases. Cal. Welf. & Inst. Code §15657.5. If you suspect anything is wrong, do something about it. If you or a loved one has been the victim of financial elder abuse in Sonoma, San Francisco or anywhere in the Bay Area or throughout California, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
Unlicensed Caregiver Accused Of Stealing From 89-Year Old
In one recent case,[1] a caregiver has been arrested after allegedly stealing thousands of dollars over a four-year period of an elderly and incapacitated 89-year-old man. The man who had recently suffered a stroke, was hard of hearing, could not see well and also had occasional memory loss so he explained to police that he relied on the caregiver to take care of him as well as act as his transportation since he cannot drive. The victim allegedly found the caregiver on Craigslist and he allowed her to work as a ‘live-in’ rent free in lieu of a salary. It was learned during this time the victim bought the caregiver a car, bought her daughter a car and paid her daughter’s rent in another State. Additionally, the victim paid several thousand dollars to fix the caregiver’s teeth and paid for vacations and trips for her. When the victim’s daughter reviewed her father’s finances, she reportedly discovered that the caregiver had written a total of 26 unauthorized checks to herself and another eight unauthorized checks to her daughter. She also allegedly used the victim’s ATM card without permission to withdraw cash and according the victim, stole several thousands of dollars from his safe, according to police. Authorities also allege that the caregiver had become verbally abusive, used foul language constantly and even purportedly struck the elderly man in the face when he refused to provide money to her.
How To Protect Seniors
The reported case reflects a common pattern in caregiver fraud cases – the victims have often recently suffered a recent stroke or other traumatic event that weakens his or her ability to withstand fraud and undue influence. If your older loved one has suffered from a stroke or other trauma be especially vigilant. Run a background check on anyone you allow in their home even if the aide is assigned by an agency. Ask for references and check them out. Anytime a caregiver begins to work for an older or dependent person, keep an eye on older loved ones’ accounts. Keep jewelry and valuable possessions in a safe place; if there’s a safer in the home remove it to a safe location too. Take photographs of each room of the house so you can detect anything missing from the way the rooms used to be. Have financial statements mailed to your own address so others do not have access to you loved one’s business mail. Never, ever grant a power of attorney to a caregiver. Do not allow a caregiver to take a credit card to go shopping or an ATM card to go get a senior some cash; you’re only asking for trouble if you do. Perhaps most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
If you suspect financial elder abuse of a loved one, friend or neighbor in Sonoma County, San Francisco, or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid pursues all available remedies for families and injured seniors against those responsible, including an award of attorneys’ fees and costs for the victim or his or her family. Cal. Welf. & Inst. Code § 15657.5.
[1] Evans Law Firm, Inc. is not involved in the case in any way.
