ATTORNEY NEWSLETTER
99-Year-Old Victim’s “Helper” Charged With Theft
Investigation Discovers Wire Transfers Of $582,647
Money Spent Paying Off Mortgage, A New Car And Vacations
All seniors are potential victims of financial elder abuse. The predators may be caregivers, second spouses, girlfriends or boyfriends, “new” friends, trustees, financial advisors, insurance agents, and more. In a recently reported case, discussed below, the alleged financial predator of a 99-year-old woman was a waitress the woman met in a restaurant who later began “helping” the senior run errands and ended up allegedly transferring hundreds of thousands of dollars out of the elderly woman’s bank accounts and into her own. Large or small, 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).
Elderly Woman’s “Helper” Charged With Theft
In a recently reported case, [1] a woman has been arrested and accused of taking nearly $600,000 from a 99-year-old woman’s bank accounts and spending the money on extravagant vacations and paying the helper’s personal bills. After the elderly woman moved into an assisted care facility, her brother took over her financial affairs and alerted authorities when he saw irregularities in the woman’s accounts. The brother reportedly told sheriff’s deputies he noticed large money transfers to the suspect over the last few years. The woman accused of making the transfers reportedly met the elderly victim and her late husband while working as a waitress in a local restaurant, and then started helping the 99-year-old woman run errands after her husband died. Bank records pulled by the sheriff’s office show wire transfers to the suspect’s account for more than $582,647. Investigators said the suspect spent that money to pay off her mortgage, buy a car, fund trips to Walt Disney World; Pigeon Forge, Tennessee; the Atlantis Resort in the Bahamas; Washington, D.C.; and to go skiing in Utah. The victim’s brother told the sheriff’s office that he believes the suspect tried to keep the woman away from family members to hide her scheme.
Contact Us
Careful monitoring of all a senior’s accounts – not just the household checking account. Start your due diligence even before you get to the account monitoring stage. Always do a background check on anyone you hire as a caregiver; get references and call them. Also, if a stranger starts “helping” your older loved one, check them out too; speak privately with your loved one and find out what the relationship with the “helper” is really like. Make sure any stranger is denied access to any back account information. Never, ever give a caregiver or “helper” or other new “friend” 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. If you sense any kind of abuse of an older loved one, 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.
