ATTORNEY NEWSLETTER
Stolen Identities Of Patients Alleged
Victim’s Family Spots Unauthorized Transactions
Protecting Older Loved Ones
Unauthorized purchases and unauthorized online access to a senior’s bank accounts are recurring forms of financial elder abuse. We at Evans Law Firm, Inc. see these kind of financial elder abuse cases practically every day. Often the amounts taken start at small and then once the abuse senses they are getting away with their crime, the amounts increase. Sometimes, the abuser strikes suddenly making multiple unauthorized purchases or money transfers in a very short amount of time. Whatever the “form” or frequency or size of financial elder abuse, 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 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 in San Francisco call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example
In one reported case, [1] a woman suspected of stealing identities of several elderly residents at a care home has been arrested. Last November, a representative for an 82-year-old man in the facility contacted police after checking the victim’s bank accounts and noticing several unauthorized transactions to online retailers over $15,000. After determining the man was incapable of making the transactions, police investigated and determined the suspect to be an aide at the man’s care home. Police searched two residences associated with the individual and found several items believed to have been bought using the victim’s credit card. Some of them included high-end electronics, baby accessories, jewelry, furniture, and other household items. The woman was charged with financial elder abuse among other crimes.
Protecting Seniors From Financial Abuse
The reported case illustrates just how risky it is when a dishonest caregiver or other person accesses an elderly person’s credit or debit cards or personal information for online access to cards and accounts. For this reason, we always recommend that you keep all cash, checks, account numbers, credit and ATM cards and confidential information like date of birth and Social Security numbers in a safe place, far from the reach of any caregiver or nursing home staff member or other stranger. Have the statements mailed to your home so others cannot open a senior’s mail and obtain confidential information that way. Also, you may want to put other valuables like jewelry and silver in a safe place too as those valuables can be quickly taken and pawned before an elderly victim is even aware they are missing. Always monitor a senior loved one’s checking and credit card accounts; take a look at all accounts 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 in San Francisco, 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.
