ATTORNEY NEWSLETTER
$1 Million Missing From 94-Year-Old’s Trust
Multiple Check Forgeries Alleged
Unlicensed Caregiver Reportedly Had Prior Criminal Record
While theft from any person is a crime, when the victim is over 65 any theft is also criminal financial elder abuse and grounds for civil liability against the person who took the property. 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. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2). California broadly defines what constitutes financial elder 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.
As many as one in 10 seniors are victims of financial elder abuse, according to the FBI and National Institute of Justice, and their financial predators are most often caregivers or other persons in close proximity to their victims. According to those same sources, older victims lose more than $3 billion annually as a result of financial elder abuse. If you or a loved one has been the victim of financial elder abuse by a caregiver or other person St. Helena or elsewhere in Sonoma County, 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).
$1 Million Theft From 94-Year-Old Alleged
In one reported case,[1] a caregiver has been arrested and accused of stealing more than $1,000,000 from a 94-year-old woman for whom she worked. Police stated that the individual was hired several years ago to be a caregiver for the elderly woman despite the fact that she was never licensed as a caregiver, and according to investigators has a criminal history that includes petit theft and violation of probation. Police stated that for over five years the suspect has been cashing checks every two weeks, all signed by the elderly woman. Altogether, she collected $1.1 million from the woman’s trust. The caregiver allegedly cashed a check for an unusually high amount from the woman the day after her death. “She wrote it for $90,000, which is kind of concerning,” the investigating detective explained. “It was written as a gift and she placed it in her daughter’s bank account.”
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. If your older loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables 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. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elders and dependent adults in St. Helena or elsewhere in Sonoma County 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.
