ATTORNEY NEWSLETTER
What is caregiver fraud?
Caregiver fraud is a recurring form of financial elder abuse perpetrated on seniors by dishonest in-home caregivers or caregivers working in assisted care and skilled nursing facilities. The fraud tends to start out relatively small – theft of a small amount of cash or an unauthorized purchase on a senior’s credit card at the grocery store. Once a dishonest caregiver believes he or she is getting away with stealing, the amounts tend to grow over time. In extreme cases (such as the case reported below), the caregiver may try and take everything the senior has – all their money and even their home or make themselves a beneficiary on death in a will, trust, or deed.
Who is most vulnerable to caregiver fraud?
While any senior can be a victim, the most vulnerable individuals tend to be those who are widowed or otherwise single and relatively isolated from the rest of their family. No one close to them is watching over their affairs and their loneliness may make them easy prey for undue influence by caregivers or new “friends.”
What kind of activities constitute caregiver fraud?
Caregiver fraud runs the gamut from petty theft of cash from a senior’s purse or wallet to sophisticated estate planning documents that attempt to take an entire estate of a senior away from her family upon death. In between are countless kinds of fraud: forged checks, unauthorized credit card use, unauthorized access to bank accounts online, diversion of Social Security or pension benefits, creation of joint account to steal money from the senior, getting a caregiver’s name as POD on accounts, stealing jewelry and valuables, falsifying time records, exerting undue influence for “gifts.” This is an incomplete list; the possibilities of fraud, large and small, are truly endless.
What is an example of caregiver fraud?
There’s a good example of caregiver fraud in a recently reported case.[1] A caregiver was arrested for unauthorized use of an elderly person’s bank card to make personal purchases. Her arrest came after a referral from Adult Protective Services prompted a special investigation by the Memphis Police Department and the Tennessee Bureau of Investigation’s Medicaid Fraud Division (“TBI”). TBI alleges that the caregiver used a patient’s bank card to make unauthorized, personal purchases from October through December 2025. Charges are pending.
What are the legal remedies for caregiver fraud?
Caregiver fraud is a form of financial elder abuse and financial elder abuse constitutes a crime and is the basis for civil liability against the abuser and anyone assisting him or her. See Penal Code § 368 (crime of elder abuse); Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15610.63 (definition of physical abuse). Here at Evans Law Firm, Inc. we fight for seniors who are victimized by any kind of abuse including cases where the abuse is frankly across the board. If you or a senior loved one has been the victim of any kind of elder abuse, including neglect, physical, emotional and financial elder abuse in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
What do I do if I suspect caregiver fraud/financial elder abuse?
Whenever you suspect any type of abuse of an older loved one, neighbor, or friend, report suspicions of elder abuse to the police and Adult Protective Services immediately and call qualified elder abuse counsel. Official reporting is important, but victims and families should pursue all civil remedies available to senior victims under California elder abuse law, and the public authorities cannot prosecute those civil claims for you. Such claims might include claims against the agency or nursing home who employed an abusive caregiver, for example. 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
Ingrid M. Evans and Evans Law Firm, Inc. represent seniors and their families in the San Francisco Bay Area in bringing lawsuits against any persons or businesses responsible for the abuse. Ingrid and our other elder abuse attorneys can be reached at (415) 441-8669, or by email at [email protected]. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the case any way. The case was reported on in by a local Tennessee TV stations.
