ATTORNEY NEWSLETTER
Defendant Allegedly Posed As Nursing Assistant
Accused of Stealing From 16 Victims At 5 Care Facilities
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, [1] a woman has been arrested and accused of robbing elderly patients by pretending to be a nursing assistant. Investigators say the woman fraudulently worked at five different care facilities. She allegedly used her sister’s identity to steal thousands of dollars from 16 patients. Police said one of them was an 85-year-old patient, who was robbed of $9,000 after her credit card was stolen by the defendant. According to the Attorney General’s Office, the suspect allegedly stole bank cards from older adults and went on a $28,000 spending spree. She now faces a number of charges, including larceny, credit card fraud and identity fraud. Court documents say between August and November of 2024, the woman posed as her sister to work as a nursing assistant, then allegedly stole credit cards from seniors to use for her own benefit. Police said she even lied about her identity when confronted by them. The woman faces charges that include larceny, credit card fraud and identity fraud. She will remain in custody until her arraignment.
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. Make sure any caregiver is denied 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).
[1] Evans Law Firm, Inc. was not involved in the case in any way.