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Sep 16, 2023 by |

Los Angeles Financial Elder Abuse Attorney: Caregiver Charged With Fraud

ATTORNEY NEWSLETTER

Fraudulent Timesheets For Medicaid Reimbursement

Elderly Victim Unaware Of Fraud

Six Years Of Fraudulent Timesheets Alleged

Dishonest caregivers with access to credit cards and debit cards of their elderly patients may quickly use the cards for unauthorized purchases and withdrawals.  Greedy caregivers may use those cards in stores, at ATM machines or online for online purchases and transfers.  Dishonest caregivers may also submit falsified timesheets to victims or insurance companies or government programs seeking reimbursement for service never performed; this kind of caregiver fraud may injure the senior patient and the carrier or government program covering his or her care.  Whatever the amount or mode of such theft, any wrongful taking of a senior’s property, or any assistance in that taking, is a crime and grounds for civil liability of the person doing the taking and anyone assisting him or her. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse). California broadly defines what constitutes financial elder or dependent adult 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.

If you or a loved one is a victim of elder or dependent adult financial abuse in Los Angeles or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).

Caregiver Arrested For Fraud

In one reported case, [1] a caregiver has been arrested with the arrest warrant alleging she had submitted claims for services that were never provided to an elderly patient.  During the investigation, agents developed information that between August 2017 and March 2023, the caregiver allegedly submitted claims and was paid for caring for a patient at home while in fact the individual was in an in-patient setting.  The government allegedly paid out $13,247.77 due to the fraudulent timesheets.  Charges are still pending.  We have also seen cases where the same kind of falsified timesheets have been used to directly defraud the senior patient or his or her family who were paying the caregiver directly.

Protecting Older Loved Ones From Financial Abuse

Dishonest caregivers rarely just stop on any fraudulent activity on their own. We encourage families to stay involved in their older loved one’s affairs earlier, especially if they are under the care of in-home caregivers and help protect them from financial exploitation. There are some specific steps you should take for their protection:  Always do a background check on anyone you hire as a caregiver; get references and call them. Never allow a caregiver access to checks, cash or credit cards.  Even if you have checks under lock and key continue to monitor a senior’s account online as online or phone access may also redirect their money to a caregiver’s accounts or the senior’s money may be used to pay a caregiver’s bills online. Never, ever give a caregiver a Power of Attorney, credit card, or a blank check. 

Contact Us

If you sense any kind of abuse of an older loved one in Los Angeles or anywhere else in the State of California, call us right away.  Ingrid M. Evans has years of experience in representing seniors and their families against abusers of any kind, including in-home caregivers.  You can reach us at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).

[1] Evans Law Firm, Inc. was not involved in the case in any way.

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