ATTORNEY NEWSLETTER
World War II Veteran Resided In Senior Community
Cash and Rolex Disappeared
Police Arrest Caregiver On Suspicion Of Theft
Theft from a victim is over 65 is straight theft but is also criminal financial elder abuse and grounds for civil liability against the person who took the property. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a). 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. Cal. Welf. & Inst. Code § 15610.30(a)(2). “Financial elder abuse” is defined broadly under California law:
(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 has been the victim of financial elder abuse by a caregiver or other person in Sonoma County or elsewhere in 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).
Caregiver Arrested For Theft From 97-Year-Old Patient
In one recently reported arrest,[1] a caregiver has been arrested and accused of stealing cash and a valuable Rolex watch from her patient, an 97-year-old man and World War II veteran living with his wife in a senior community. The veteran’s wife told the sheriff specialist that $200 in cash was stolen along with her husband’s Rolex watch, which he had recently been seen wearing. The specialist conducted an investigation and identified the suspect as the victim’s caretaker, the sheriff’s report said. A deputy later located the caregiver at her home, where he recovered the watch and discovered the money had already been spent by the caregiver, the sheriff’s department said.
Preventing Elder Financial Abuse And Theft
Any senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work. Studies show that the older the victim the more vulnerable they are to financial abuse. Fortunately, the 97-year-old victim here was not alone but still living with his spouse who discovered and reported the theft. If your older loved one or spouse has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables (like expensive watches, rare or gold coins, or similar items) are in a safe place away from reach. If a senior has any cards that they never use, destroy them and alert the relevant bank or credit card company that the card is discontinued. Never give a caregiver a credit card or ATM card to shop or get cash for a senior. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance. Never, ever grant a power of attorney to a caregiver. Visit your older loved one as regularly as you can to see firsthand how they are doing and find out what is going on with them as the friend did in the reported cash. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elder and dependent adults in Sonoma County or elsewhere in California who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
