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Caregiver or caretaker fraud is a crime that targets elderly, sick, and disabled people. A caregiver is a family member or a paid helper who takes care for a person who cannot care for him or herself. The caregivers assist the patient or dependent with activities in daily life. As the aging population of the United States increases, so do the complexities of everyday life. As a result, more people require and enlist the assistance of caregivers to help them go about their lives. Unfortunately, as the demand for caretakers rises, so does the number of unlicensed and ill-intentioned individuals masquerading as caretakers. These individuals can pose as caretakers to gain the trust of the patient, then commit heinous and harmful physical or financial actions against the dependant. In other instances, licensed caregivers may take advantage of the dependent adult.
Contact an experienced attorney at Evans Law Firm for a free and confidential consultation.
Caregiver fraud occurs when that individual designated as a caregiver physically or financially abuses the dependent. This form of abuse usually begins with deception regarding the true identity or qualification of the caregiver.
Section 368 of the California Penal Code defines a caretaker as:
(a) any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.[1]
The same law lists the following as actions against elders that are punishable by law. We may understand these actions to constitute forms of caregiver fraud and abuse:
(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured… or to be placed in a situation in which his or her person or health is endangered…
(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or dependent adult…
(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft…
(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit…[2]
Thus, caregiver fraud can take the form of physical harm or suffering, endangering of health or body, theft, embezzlement, forgery, fraud, and identity theft, among other misconducts. It can be committed by paid or unpaid caretakers, and by both licensed caretakers and individuals who deceptively claim to be caretakers.
Caretakers provide services to the elderly, sick, and disabled members of our population. Thus, it is tragically those among us who are most in need of help who are most at risk for falling prey to caregiver fraud. Acknowledging the disadvantages of elderly, sick, and disabled people, perpetrators of caregiver fraud knowingly take advantage of those weaknesses to enter into the life of the dependent and harm the dependent for their own profit.
People who commit this type of scams use and abuse the trust and vulnerability of the elder or other dependent. When a caretaker enters into the life of an elder, they usually gains or can gain access to much of the elder’s personal and financial information. Eventually, the caretaker can gain virtually unlimited access to the elder’s personal and financial accounts and records. People who allow these sort of access are at risk for caregiver fraud.
With access to the elder's personal and financial records, caregivers can forge signatures and create fake documents to steal finances and other property from the elder. The caretaker may try to persuade the senior to add the caretaker's name to a bank account, living trust, or will, or to grant a power of attorney to the caretaker. These actions authorize the caregiver to use any funds or properties for their own purpose, and pave the way for theft. If a caregiver requests for any of the above, or if he or she takes a special interest in the elderly person's financial affairs, be on the lookout for other signs of caregiver fraud (see below).
Caregiver fraud can also take physical forms. A caretaker or caregiver is bound by law to care for and protect the physical wellbeing of the patient. In some cases, caregivers deny medical care to the elderly person and pocket the funds instead. TThis leaves the elderly person without adequate care and in poor health, thus constituting a case of physical abuse. Other times, caretakers may fail to look after the elder altogether, leaving the elderly person alone and unable to take medications or attend medical appointments. When a caretaker fails to show up and assist the elderly person with physical or health-related activities after having agreed to do so, the caretaker is neglecting the elder.
It is important to be aware of the following signs that could be symptoms of caretaker fraud. If your caregiver is doing any of the following, it may be time to reassess your relationship or contact an experienced attorney.
Trusting an unknown individual with personal belongings, accounts, and information is a commitment with huge implications. Before hiring a caretaker, request and carefully review personal references and conduct background checks.
Inform family members of the new caretaker. Make sure other trusted members stay active in the senior’s life and check in with the caretaker from time to time.
Keep personal and financial documents locked up in a private place. There is no need to give the location or combination of these documents to anyone. If you are worried about privacy at home, use a bank safety deposit box.
The most important way to prevent and counteract caregiver fraud is to report any incidents as soon as you begin to suspect something. Too often, seniors and others are reluctant to report these abuse because of shame, doubt, or other considerations. This reluctance only aids the caregiver to continue committing atrocities, hurting the victims, their families, and putting other potential victims at risk.
Contact an experienced attorney at Evans Law Firm for a free and confidential consultation.
As caregiver fraud comes into the public view, several agencies and help lines have come into place to aid the victims and their families. Here are some places to turn to for help:
The Elder Abuse Hotline at 1-800-962-2873 will take reports of any instances of elder abuse.
In addition, call your local police nonemergency line to report any potential thefts of money, property, or goods. Request that an officer be sent out to take a report.
Consult local senior legal assistance programs or departments. The prospect of legal action can be daunting, but there are professionals who specialize in aiding seniors who have been wronged. Remember, reporting these instances of fraud is the most effective way of preventing future harm.
[1] http://law.onecle.com/california/penal/368.html
[2] ibid.
