FAQs On Financial Elder Abuse And Caregiver Fraud

ATTORNEY NEWSLETTER

What is financial elder 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.  This includes any variety of caregiver fraud where a senior’s caregiver takes money or property from the elderly person(s) they care for.  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 is accused of exploiting and neglecting an 84-year-old medically vulnerable man after police said a months-long investigation uncovered concerns about his finances, legal affairs and care.  Police said the investigation began March 18 after the man was found injured on the floor of his home by his caregiver.

The victim initially said four men entered the home and assaulted him. But detectives said surveillance video did not show anyone entering or leaving the property, and investigators found no signs of forced entry or theft. Police said the victim gave inconsistent accounts and investigators determined he was experiencing significant cognitive issues.  Detectives continued investigating the man’s circumstances and shifted their focus to possible exploitation and neglect, police said.  According to police, investigators determined that as the man’s physical and cognitive health declined, he became increasingly dependent on his caregiver. Detectives said she took significant control of his finances and legal matters, becoming his power of attorney and health-care surrogate.

Police alleged the caregiver isolated the man from relatives and friends and made changes to estate documents that benefited her.  Investigators said one of the victim’s accounts fell from about $105,971 in March 2023 to about $4,897 by April 2026.  Detectives also found a $616,550 mortgage on the caregiver’s home listing the victim as a co-borrower, police said. The home was solely in the caregiver’s name, and investigators said evidence indicated the man did not know his signature appeared on the mortgage.

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 television station.