ATTORNEY NEWSLETTER
Cash, Coins And Jewelry Allegedly Stolen
Agency Caregiver Arrested
Elderly, Paraplegic Victim
All seniors (persons over 65) are potential victims of financial elder abuse, but seniors under the care of in-home caregivers are especially vulnerable when a dishonest person is in their home with daily access to their finances. Amounts taken may start out small but typically grow over time if the dishonest aide believes he or she is getting away with their theft. 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.
Cal. Welf. & Inst. Code § 15610.30.
Whatever the “form” or frequency or size of financial elder abuse, under this broad statutory definition, 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. In one reported case, discussed below, a caregiver falsified time records for the work performed for an elderly patient and altered checks to defraud the senior of over $35,000. If you or a loved one is a victim of elder or dependent adult abuse or neglect in the San Francisco Bay area, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example
In a recently reported case, [1] a caregiver has been arrested for theft of cash, coins and jewelry from the elderly paraplegic patient she was caring for. Sheriff deputies reported that the victim called them when he discovered valuables missing from a gun safe in his home. Investigators said they obtained a list of caretakers who visited the victim’s home and reviewed pawn records. One employee matched pawn activity during the time frame of the theft. Detectives say the employee pawned Silver Maple Leaf coins at a local pawn shop. Investigators said photos from the transaction were later shown to the victim and to a friend who helped him manage the safe’s contents, and the coins and container were identified as belonging to the victim.
The reported case illustrates just how risky it is when a dishonest caregiver or other person has access to the valuables of an elderly person in their home or in a nursing home room. For this reason, we always recommend that you keep all cash, rare coins, jewelry, gold, credit and ATM cards and checks in a safe place, far from the reach of any caregiver or nursing home staff member or other stranger.
Protecting Older Loved Ones From Fraud
Always do a background check on any caregiver before he or she is hired. Ask for references and check them. Once the caregiver is on the job have the timecards sent to you so you can verify their accuracy. There are other important steps to follow as well to prevent more elaborate schemes of financial abuse. Careful monitoring of a senior’s checking account – and close review of cancelled checks – may have caught the reported fraud in this case sooner than eight or nine months. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. Never, ever give a caregiver a Power of Attorney, credit card, or a blank check. 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 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 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. The case was reported by a local television station in Florida.
