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 themself 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 is an example of caregiver fraud?
There’s a good example of caregiver fraud in a recently reported San Francisco case.[1] From at least 2008 to 2022, a woman, who has been charged with financial elder abuse and filing fraudulent tax returns, worked as an in-home caregiver for a onetime San Francisco millionaire, who died at age 91. The arrested caregiver was in charge of taking care of the elderly lady at her home, helping to bathe her, feed her and keep up the house, according to the government’s complaint. She was also in charge of the lady’s finances, a position she allegedly used to pay herself and her colleagues, the U.S. Attorney’s office said. As a result, the victim was left with less than $200 in her investment account when she died at a nursing home in 2023, according to the lawsuit. Caregivers took more than $4 million from the lady, according to family members and the lawsuit, overpaying themselves by thousands of dollars using fraudulent checks.
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 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 widely reported on in the San Francisco Chronicle.
