ATTORNEY NEWSLETTER
Four Years Of Alleged Theft
Authorities Allege Forged Checks And Checks To “Cash”
Victim’s Trust Dissolved And Allegedly Paid Over To Caregiver
Financial elder abuse by caregivers can range from the one-time theft of cash or an unauthorized use of a credit card to sustained embezzlement over years, forged checks, manipulation of trust and other estate planning documents, phony Wills and property deeds, and more. Sadly, the exploitation of an older victim is often not discovered until after they die. Statistics show moreover that the older the victim, the more severe the loss – or in other words the bigger the theft. Statistics also show that dementia sufferers are the most vulnerable and that isolation is a common denominator for all cases, whether the victim is rich or poor, male or female, or suffering from mild or severe dementia. Another common element of financial elder abuse cases is that the abuser starts with relatively small amounts of money and increases their theft once they know they are getting away with something; they do not stop on the own volition. If you suspect any financial elder abuse of an older loved one, call the Alameda County elder abuse attorneys at Evans Law Firm, Inc. right away. Our attorneys represent seniors who are victimized by any kind of abuse including neglect, physical, emotional and financial elder abuse. Call us today at (415)441-8669.
Alleged Theft From 94-Year-Old Victim
In one recent case[1], police apprehended a caregiver for financial elder abuse after authorities discovered that she allegedly deposited a $90,000 check from her 94-year-old patient with “gift” in the memo line into her daughter’s bank account. The deposit – and date of the check bearing the victim’s signature – according to a police affidavit was the day after the woman had died. That led to a full investigation which determined that that over a four-year period the caregiver allegedly cashed 126 checks totaling $353,612.19 and 21 checks made out to “Cash” for more than $176,000. Sixteen of the checks made out to cash were written just below the $10,000 limit at which they must by law be reported; they were cashed every two weeks the police reported.
The police affidavit stated that all of the endorsements matched the caregiver’s writing and several included her driver license number, added by a bank teller. Detectives also learned that a $650,000 trust in the victim’s son’s name had been dissolved prior to the senior’s death, with the money allegedly put into the caregiver’s daughter’s account. This transfer, according to police, was notated as a “gift” from the deceased 94-year-old. Collectively, the amount allegedly stolen from the victim totals $1,102,307.
Recourse For Financial Elder Abuse
Our litigators have represented families of victimized seniors with very similar fact patterns of theft. Whenever you suspect any type of abuse of an older loved one, neighbor, or friend, report suspicions of elder abuse to the police but also always call qualified elder abuse counsel right away. Stolen funds can disappear quickly and your only chance of getting the money back in most cases is to act quickly. Families should pursue all civil remedies available under California elder abuse law. Such claims might include claims against the embezzling caregiver of course but also against the agency or nursing home who employed or assigned the abusive caregiver to take care of your loved one. Our lawyers handle elder abuse cases of all varieties and know the remedies and extra damages to which you or your victimized loved one is entitled. Our lawyers also understand that multiple parties may share in responsibility for any abuse. But with respect to all claims against all accountable parties, there are relatively short statutes of limitations so you need to act immediately when you think anything may be wrong. In addition to all legal and equitable remedies, California courts also award attorneys’ fees to victimized seniors in certain cases and this can ease the burden of bringing a suit.
Contact Us
Call Ingrid M. Evans and the other Alameda County financial elder abuse attorneys at Evans Law Firm, Inc. today if a senior loved one has been the victim of financial elder abuse here in Alameda County or elsewhere in the Bay Area or throughout California. Ingrid and our other elder abuse attorneys can be reached at (415) 441-8669, or by email at info@evanslaw.com.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
