PROTECTING SENIORS: FAQs On Financial Elder Abuse
ATTORNEY NEWSLETTER
What is financial elder abuse in California?
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.
Is any wrongful taking of a senior’s property financial elder abuse?
Yes. Whatever the timing or form of financial elder abuse and whatever the amounts, any 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).
If you or a loved one is a victim of elder or dependent adult abuse or neglect or caregiver fraud or caregiver theft anywhere in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Who are potential victims of financial elder abuse?
All seniors are potential victims of financial elder abuse. However, those who are alone and under the care of an in-home caregiver are particularly at risk if the caregiver is a dishonest person looking to take advantage of the situation.
Is there an example of financial elder abuse?
In one reported case, [1] felony charges have been filed against a man for his role in an alleged elder fraud scheme targeting an elderly woman who was scammed out of $14,000. According to police, the scheme started when an elderly woman was deleting spam emails on her home computer. The victim clicked on a link that immediately caused a message to appear, which instructed her not to shut off her computer and to immediately call a phone number displayed on the screen, according to the complaint. She called the number and spoke to an unidentified person who claimed her computer was infected with malware and was then transferred her to someone posing as an officer with the Federal Trade Commission.
The caller falsely told the victim she was a suspect in a money laundering investigation, and she needed to immediately withdraw money from her bank accounts and provide receipts to prove the funds belonged to her. She was also told the U.S. Treasury Department was involved and would freeze her bank accounts if she did not comply with instructions. The scammer instructed the victim to visit multiple banks and withdraw $15,000 in cash, according to the complaint.
During the drive, while remaining on the phone with the victim, the scammer allegedly claimed “two people were watching her home.” The victim ultimately withdrew a total of $14,000 in cash and returned home, where she was told to wait for someone named “Lisa” to arrive, who would provide a password before the victim hands over the cash, prosecutors say. At approximately 3 p.m. on April 2, the victim reportedly met with the unidentified woman at her home and gave her the cash. The next day, the victim realized she had been scammed and reported the incident to a family member, who called law enforcement.
How can I prevent the financial elder abuse of an older loved one?
Monitor any senior’s computer use and caution them not to open any links they see. If they need, in-home assistance, be extra cautious. Always do a background check on anyone you allow into your older loved one’s home even if they are coming through an agency. Ask for references and check them. Once hired, any caregiver or other in-home worker should never have access to a senior’s cash, checks, PINs, ATM cards or credit cards. Never give a caregiver a power of attorney. Ever. Keep cash, checks and cards out of their reach. Regularly monitor all of a senior’s accounts; view account activity online every day if you can.
What should I do if I suspect financial elder abuse of an older loved one?
If you sense any kind of abuse or caregiver fraud or theft from an older loved one anywhere in the San Francisco Bay Area, 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 [email protected]. 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. The case was reported on by a local Ventura County TV station.