ATTORNEY NEWSLETTER
What is financial elder abuse?
California broadly defines what constitutes financial elder 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.
Thus, any wrongful taking of any property or money from a person over age 65 constitutes financial elder abuse. Anyone assisting in that taking, even if another person is the one who physically takes the elder’s property, also commits financial elder abuse and is responsible for the property taken. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2).
If you or a loved one has been the victim of financial elder abuse by a caregiver or other person in San Francisco, call us today at (415)441-8669. We will pursue all persons responsible for a senior’s injury. Our toll-free number is 1-888-50EVANS (888-503-8267).
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. Once a dishonest caregiver believes he or she is getting away with stealing, the amounts tend to grow over time. In extreme cases (such as the case reported below), the caregiver may try and take everything the senior has – all their money and even their home or make themselves a beneficiary on death in a will, trust, or deed.
Is there a recent case example?
In one recently reported case,[1] a caregiver has been arrested and accused of financial elder abuse, allegedly stealing more than $1,000,000 from a 94-year-old woman for whom she worked. Police stated that the individual was hired several years ago to be a caregiver for the elderly woman despite the fact that she was never licensed as a caregiver, and according to investigators has a criminal history that includes theft and violation of probation charges. Police stated that for over five years the suspect has been cashing checks every two weeks, all signed by the elderly woman. Altogether, she collected $1.1 million from the woman’s trust. According to police after years of relatively small checks, red flags finally went up when the caregiver allegedly cashed a check for an unusually high amount from the woman the day after her death. “She wrote it for $90,000, which is kind of concerning,” the investigating detective explained. “It was written as a gift and she placed it in her daughter’s bank account.”
How can I protect an older loved one from financial elder abuse?
Any senior, like the victim in the reported case, is vulnerable to theft when strangers are working in his or her home as caregivers or doing any other kind of work. If your older loved one has in-home assistance of any kind make sure their credit and debit cards, jewelry, cash and other valuables are in a safe place away from reach. If a senior has any cards that they never use, destroy them and alert the relevant bank or credit card company that the card is discontinued. Never give a caregiver a credit card or ATM card to shop or get cash for a senior. Keep financial information, bank account numbers and Social Security numbers away from a caregiver’s or other stranger’s glance. Never, ever grant a power of attorney to a caregiver. Visit your older loved one as regularly as you can to see firsthand how they are doing. Accompany older loved ones whenever they go shopping or go to the bank or have any sort of meeting about financial matters. Most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
Ingrid M. Evans represents elder and dependent adults in San Francisco who are victims of any kind of financial exploitation or other abuse. Ingrid can be reached at (415) 441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267), or email us at <a href=”mailto:[email protected]”>[email protected]</a>.
[1] Evans Law Firm, Inc. was not involved in the reported case in any way. The case was first reported on by a local television station.
