ATTORNEY NEWSLETTER
Victim Of Caregiver Fraud
Unauthorized Card Charges
Protecting Seniors
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 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 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 one reported case, [1] the caregiver a dependent woman has been arrested and accused of taking the woman’s food card, UnitedHealthcare card and her Debit Express card, according to a probable cause affidavit. According to the arresting affidavit, withdrawals had been made from an online fast-fashion retailer; PlayStation Network; Fred Meyer; Amazon Prime; Cash App; Udderly Espresso; and a shuttle in Nevada. Police determined that the caregiver had made $1,849 in purchases. Investigators say they found merchandise had been shipped to three different addresses where the caregiver had lived. When the caregiver was questioned by an investigator, she reportedly admitted she had used the victim’s debit card, but only for three purchases and with the victim’s permission. When confronted with the $1,800 worth of charges from an online retailer that were delivered to her, the caregiver reportedly “said she wasn’t aware she had spent that much money,” according to court documents. “She advised she used the card to buy clothes for herself and her kids.” An investigator later received calls from the victim, and during one call the woman sounded like she was in a “panic” and really needed to speak to the officer. The caregiver was arrested on multiple charges, which are still pending.
Contact Us
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. If you sense any kind of abuse of an older loved one or friend 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 first reported on by a local Washington State newspaper.
