ATTORNEY NEWSLETTER
Keeping Elderly Victims Overmedicated
Part Of Financial Elder Abuse Plan
Remedies For Injured Seniors
Seniors may sometimes be the victims of financial abuse by persons very close to them like a second spouse, boyfriend or girlfriend or stepchild. The financial abuse can range from relatively small amounts of money taken to schemes to take everything a senior has. Whatever the amount or form of the taking any taking of a senior’s property, and assistance with that taking, constitute financial elder abuse under California law:
(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.
In one recent case, discussed below, a second spouse and child allegedly kept a senior overmedicated and out of it to take everything he had until his daughter realized what was going on and put a stop to it.. 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*, a daughter stepped in to rescue her aging father from an abusive situation at his home. He had not responded to her efforts to reach him. His wife, who seemed to have mental challenges of her own, was giving the man a long list of medications multiple times a day. She was seen verbally and emotionally abusing him. The daughter reportedly brought him to her own home to figure out how to best help him. He expressed no interest in returning to his home, and seemed relieved to get away. After she reviewed his medication list, she discovered that her father had been receiving opioids several times a day, for reasons unknown.
At the same time, the man was also taking a drug that is supposed to help him concentrate, as he had attention deficit disorder. Essentially, that drug is amphetamine, which “hypes” a person up and does the opposite of an opioid. This alone was a dangerous combination, given that both opioids and the other medication are highly addictive. He was also taking many other medications at the same time, all of which can have risky side effects.
His daughter was appalled to learn that her father was addicted to at least two drugs he had been given over a long period by his wife. Meanwhile, according to reports, the wife was withdrawing large sums of money from their account without the father’s knowledge. He was diagnosed with dementia and the doctor opined that he should not ever independently handle any finances at all. His daughter immediately contacted his financial institutions, presented them with his trust, appointing her as his trustee and with the Durable Power of Attorney document, further showing her authority. She removed what was left of his cash from the account to which his wife and son had access and put it in her father’s name in a new account in a different bank, on which she was the signatory. That stopped any further financial abuse.
The elderly man’s daughter now had complete legal authority to do all she deemed necessary to care for her father and to ensure his safety, both physical and financial.
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. She will pursue all remedies all available to injured seniors including enhanced damages and mandatory awards of attorneys’ fees and expenses under Cal. Welf. & Inst. Code § 15657.5 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).
*Evans Law Firm, Inc. was not involved in the reported case in any way.
