ATTORNEY NEWSLETTER
Unauthorized Use Of Credit Card
Security Camera Recordings Capture Use Of Victim’s Card
Protecting Older Loved Ones From Caregiver Fraud/Caregiver Theft
Whenever a dishonest caregiver gains access to checks, cash, credit cards, ATM cards and PINs or any confidential financial information of an elderly person, there is a risk that they will use the cash, checks or cards or maybe only the confidential information to steal from the senior. 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 or caregiver fraud or caregiver theft in San Mateo County, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example
In a recently reported caregiver fraud/caregiver theft case,[1] a woman has been charged with allegedly taking the credit card of someone she was caretaking and spending nearly $800 without consent to use the card. According to the arrest warrant, the arrested woman was in a caretaking role for the victim, and reportedly exploited the trust she had built up in that role to deprive the person of a credit card to purchase items from several stores in different counties. State Police received a list of transactions that showed the offender used the card at Walgreens ($427.69) and The Market (formerly IGA) ($370.53, with the amount spent at the two stores totaling $798.22. According to the warrant, the woman can be seen on security recordings at Walgreens. The victim told police the caregiver did not have consent to use the credit card. Charges are pending.
Contact Us
Keep cash, checks and credit and debit cards and confidential financial information out of reach for any caregiver in your older loved one’s home. Never let a caregiver know Social Security numbers, bank account numbers, PINs or any other confidential financial information of any kind. Never hand a caregiver a credit card for an errand or an ATM to go get cash. Regularly monitor 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. Never, ever give a caregiver 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 caregiver theft and exploitation. If you sense any kind of abuse of an older loved one in San Mateo County or elsewhere in the San Francisco Bay Area, 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.
