FAQs Caregiver Fraud With Recent Case Example
ATTORNEY NEWSLETTER
What is caregiver fraud?
Caregiver fraud is a form of financial elder/dependent adult abuse where the elder’s or dependent individual’s caregiver financially exploits their victim through fraud, undue influence or outright theft of their property.
What is financial elder/dependent adult abuse?
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.
Thus, any wrongful taking of any property or money from a person over age 65 constitutes financial elder abuse. Anyone assisting in that taking, 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).
If you or a loved one has been the victim of financial elder abuse by a caregiver or other person in San Francisco, 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).
Is there a recent case example?
In one recently reported case,[1] a caregiver was sentenced on July 30 to six months in jail after a casino charge helped expose her theft of more than $9,000 from a 76-year-old who was under her care. The local Sheriff’s Office handling the case said the victim’s sister noticed a casino transaction, which led to the discovery of the embezzlement. “She used the victim’s debit card during that time to charge $9,216 without her permission,” the Sheriff said. “Some of the transactions were at an ATM at a casino.” According to reports, the caregiver has two prior felonies and eight prior misdemeanors. In 1993, she was sentenced to prison for a felony of forgery, according to the Sheriff’s Office.
How can I protect an older loved one from financial elder abuse?
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 elder and dependent adults in San Francisco 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:[email protected]”>[email protected]</a>.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way. The case was first reported on by a local newspaper where the incident occurred.