ATTORNEY NEWSLETTER
Allegedly Coerced Senior Into Large Cash Withdrawals
Accompanied Senior To Bank To Withdraw Money
Caregiver Allegedly Deposited Money In Her Own Account
Financial elder abuse of seniors by dishonest and greedy caregivers is one of the most pervasive forms of financial elder abuse. Reports of caregiver fraud and abuse appear almost every day in the news. In one recently reported arrest, discussed below, the caregiver’s financial exploitation of an older woman was particularly brazen, and continued even after the family told her to stop. In addition to the outright exploitation in the case below, cash, checks, and credit cards within reach of dishonest caregivers are common methods of this abuse. Online access to accounts is another. Financial exploitation of dependent adults and seniors can happen very quickly. Sometimes, the amounts stolen start out small, and, if the caregiver believes he or she is getting away with their theft, increase over time. Whatever the form of financial elder abuse and whatever the amounts, 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 or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Arrested For Alleged Financial Exploitation Of Senior
In the case[1] alluded to above, a caregiver in is facing multiple charges after she allegedly exploited her elderly client into withdrawing large amounts of money from her bank account and handing it over, authorities said Friday. The caregiver was arrested after stealing more than $116,000 from the victim over the course of a year, according to the State’s Bureau of Investigation. Authorities claim that between March 2021 and February 2022, the caregiver would drive the client to her bank and help her withdraw the large sums of money before taking the cash for herself. She then allegedly sent the money to another account through a Bitcoin ATM. She would continue taking the elderly woman to the bank for withdrawals despite being told to stop by the victim’s daughter, investigators said. The caregiver is also accused of creating an account in the victim’s name and using personal information of the victim’s daughter without the daughter’s permission.
Pursuing Parties Responsible For Elder Abuse
Whenever you suspect any type of abuse of an older loved one, neighbor, or friend, report suspicions of elder abuse to the police and Adult Protective Services immediately and call qualified elder abuse counsel. Official reporting is important, but victims and families should pursue all civil remedies available to senior victims under California elder abuse law, and the public authorities cannot prosecute those civil claims for you. Such claims might include claims against the agency or nursing home who employed an abusive caregiver, for example. Our lawyers handle elder abuse cases of all varieties and know the remedies and extra damages to which you or your victimized loved one is entitled. Our lawyers also understand that multiple parties may share in responsibility for any abuse. But with respect to all claims against all accountable parties, there are relatively short statutes of limitations so you need to act immediately when you think anything may be wrong. In addition to all legal and equitable remedies, California courts also award attorneys’ fees to victimized seniors in certain cases and this can ease the burden of bringing a suit.
Contact Us
Ingrid M. Evans and Evans Law Firm, Inc. represent seniors and their families in San Francisco and throughout California in bringing lawsuits against any persons or businesses responsible for the abuse. Ingrid and our other elder abuse attorneys can be reached 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 any way.
