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 fraud by a caregiver a type of financial elder abuse?
Yes. At Evans Law Firm, Inc., we see multiple cases every year of dishonest caregivers taking advantage of isolated seniors and stealing from them. Often the dishonest caregiver begins by taking some amounts of cash or maybe using a senior’s credit card for a personal purchase or taking a piece of jewelry or silver or other keepsake. If the caregiver senses that he or she is getting away with their theft, they often graduate to taking more, or forging checks, or redirecting Social Security or other benefits to their own accounts. They may get themselves added as joint account holders on a senior’s bank account or obtain a power of attorney allowing them control over the senior’s finances.
Can victims and their families recover against caregivers who steal?
Yes. Just within the last few months, Evans Law Firm, Inc. has successfully recovered property from two defrauding caregivers.
In the first instance, a senior’s family discovered after their loved one’s death that a dishonest caregiver had attempted to take everything the senior owned – his house, his bank accounts, and all his retirement savings. The elderly victim was unaware of what was happening to him as the caregiver transferred money to herself out of his bank account, created a trust of which she and her family were sole beneficiaries, tried to get herself added as the pay on death beneficiary of very large retirement and investment accounts, and take the senior’s home. The caregiver did all of this in just the last months of the elderly victim’s life, while she kept him isolated in his home. When confronted by his family after the victim’s death, she falsely claimed the gifts to her were his wishes.
The family retained Evans Law Firm, Inc. and we sued the defrauding caregiver. After the suit was filed, and we pressed for discovery of all the deceased victim’s financial accounts, the caregiver capitulated and gave up all her claims to the man’s bank and investment accounts, and to his home. Millions of dollars by Evans Law Firm, Inc. were recovered for the victim’s family.
In the second instance, a caregiver tricked a senior into buying a condominium for the caregiver, which entirely wiped out the senior’s life savings. The elderly victim was left essentially destitute as a result of the fraud perpetrated against her by her paid caregiver. The victim retained Evans Law Firm, Inc. to bring a financial elder abuse case against her former caregiver, and we were able to force the sale of the condominium and recover much of what the victimized senior had lost.
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>.
