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).
Is there a recent case example?
In one recently reported case,[1] a caregiver has pleaded guilty to stealing from a Vietnam War veteran she was hired to care for, according to the U.S. Attorney’s Office for the Western District of Virginia. Court documents show that the caregiver left the elderly victim in soiled clothes, drained his bank account, and forged his veterans’ checks. According to court records, the caregiver met the victim when she was assigned as his in-home care provider through a contract between her employer and the U.S. Department of Veterans Affairs. The victim began making significantly larger withdrawals from his bank account, often through checks made out to his caregiver and her boyfriend. After the caregiver was fired from her job in June, she convinced the victim to move in with her and her boyfriend. By July, bank staff grew suspicious as the caregiver and her boyfriend frequently brought the victim to the drive-through for increasingly large withdrawals, eventually totaling tens of thousands of dollars. Staff also noticed the veteran’s health was declining and said he appeared “hunched over, confused and fearful,” according to court records. The caregiver had the victim add her as a signatory on his bank account. Within a month, about $30,000 was withdrawn, officials said. When the caregiver tried to make another large withdrawal, bank staff asked her to come inside. There, staff noticed the victim had a burned nose from smoking while using an oxygen tank, was confused, and smelled of urine and feces. He reportedly could not remember when he last bathed, ate, or visited the VA Medical Center. Staff persuaded him to open a new account without the caregiver, but as they questioned him privately, the caregiver began banging on the office window and shouting until police arrived.
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.
