ATTORNEY NEWSLETTER
Unlicensed Facility Operator Arrested
Physical And Financial Elder Abuse Alleged
Protecting Older Loved Ones
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. 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 local police department arrested a woman whom investigators say was operating her residence as a senior care facility without the required licensing from the state. Police said the investigation began in early January after an elderly man was reported missing from the home. The man was later found safe at a shelter, but detectives discovered the arrested woman’s property was being used as a care home. Authorities say 10 adult residents were living at the home alongside the man found at a shelter. Investigators reported that several residents were living two or three to a room, with some placed in converted living rooms, dining areas and other spaces not intended to be bedrooms. Police also found a backyard shed that had been repurposed as a makeshift bedroom. Investigators said they also uncovered evidence that the arrested operator was exploiting residents’ financial resources for her own personal gain. All residents were given immediate medical evaluations before being relocated to licensed housing facilities, officials said.
Protecting Older Loved Ones From Fraud
Always do a background check on any facility before a loved one moves there; check the facility’s licensing status. If your older loved one needs in-home care, run a background check and get references for any potential 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 local television stations in Georgia.
