ATTORNEY NEWSLETTER
Allegedly Used Elderly Victim’s Debit Cards
Surveillance Camera Reportedly Captures Cash Withdrawals
Protecting Older Loved Ones From Caregiver Fraud
Stolen bank cards and credit cards are frequent means of financial elder abuse of the elderly as a recent arrest, discussed below, illustrates. Never hand an ATM/debit card or credit card to a caregiver and ask them to go get cash or make purchases. Never give out any PIN numbers. Never give a caregiver or other person a blank check and never, ever, grant a financial power of attorney to a caregiver. Never, ever allow any of these things because they so often lead to caregiver fraud/caregiver theft. We cannot emphasize strongly enough how important it is to keep checks, ATM/Debit cards, and cash away from caregivers or other strangers who enter a senior’s home. Nor can we stress enough that a senior should never, ever, grant a power of attorney to a caregiver or add a caregiver as an authorized signer on a checking account. Any wrongful takings of a senior’s property, or any assistance in that taking, whether theft of cash, theft by check forgery or altered checks, or unauthorized use of credit or debit cards or online money transfers out of a senior’s accounts are crimes 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 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).
Caregiver Arrested For Theft
In one reported case, an arrest warrant is issued for a woman for using an elderly, disabled client’s debit card for personal use. The woman was charged with fraudulent use of a debit device and financial exploitation of an elder/disabled person. According to court documents, the woman worked for a home care and hospice agency when she allegedly used her client’s debit card to withdraw cash from an ATM machine located in a retail convenience store. Over the course of five visits to the store, the caregiver allegedly withdrew $1,616.25 from her victim’s account. Court records state that the woman was working for the victim on the days of the transactions and was captured on video surveillance withdrawing cash.
Protecting Older Loved Ones From Caregiver Fraud/Caregiver Theft
Always do a background check on anyone you hire as a caregiver; get references and call them. Do this even if the caregiver is coming to your loved one through an agency such as in the reported case above. Do not trust that the agency has thoroughly vetted its assigned aides. Whether you are using an individual caregiver or working with any agency, make sure any and all caregivers do not have access to any back account information; keep cash, checks and credit and debit cards out of reach. Never, ever give a caregiver or “helper” or other new “friend” a Power of Attorney, credit card, or a blank check. Never, ever, add a caregiver as an authorized signer on a checking account. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation.
Contact Us
If you sense any kind of abuse of an older loved one or caregiver fraud or caregiver theft, 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).
