ATTORNEY NEWSLETTER
What is caregiver fraud?
Caregiver fraud is a recurring form of financial elder abuse perpetrated on seniors by dishonest in-home caregivers or caregivers working in assisted care and skilled nursing facilities. The fraud tends to start out relatively small – theft of a small amount of cash or an unauthorized purchase on a senior’s credit card at the grocery store. The caregiver may progress to more elaborate schemes to steal as a recently reported case, discussed below, illustrates. If you or a senior loved one has been the victim of any kind of elder abuse, including neglect, physical, emotional and financial elder abuse in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Who is most vulnerable to caregiver fraud?
While any senior can be a victim, the most vulnerable individuals tend to be those who are widowed or otherwise single and relatively isolated from the rest of their family. In the reported case discussed below, the victim was 101-years old.
What is an example of caregiver fraud?
In one recently reported case,[1] a caregiver has been arrest and accused of stealing over $6,000 from an elderly victim she was responsible for. Earlier this year, authorities were notified that $6,174.60 unauthorized charges were allegedly made via PayPal on a 101-year-old person’s account. None of these charges were authorized, and the victim did not use PayPal, the complaint said. Authorities searched the username where the money went and identified the person to whom the account belonged. That person reportedly told authorities that the arrested caregiver recently asked them if she could send money to their PayPal account. They also told authorities that she worked with the elderly as a caretaker. She was listed as a caregiver for the victim. According to the authorities, the caregiver later admitted to taking pictures of the victim’s American Express card. The complaint says she created a PayPal account using the victim’s information before transferring $2,000 and $4,000 via PayPal. The woman said she used the money to buy a vehicle, according to the complaint.
What are the legal remedies for caregiver fraud?
Caregiver fraud is a form of financial elder abuse and financial elder abuse constitutes a crime and is the basis for civil liability against the abuser and anyone assisting him or her. See Penal Code § 368 (crime of elder abuse); Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15610.63 (definition of physical abuse). Here at Evans Law Firm, Inc. we fight for seniors who are victimized by any kind of abuse including cases where the abuse is frankly across the board. If you or a senior loved one has been the victim of any kind of elder abuse, including neglect, physical, emotional and financial elder abuse in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
What do I do if I suspect financial 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 the San Francisco Bay Area 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 [email protected]. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the case any way. The case was reported on in by a local Wisconsin TV station.
