ATTORNEY NEWSLETTER
Victim Signed Blank Checks
Caregivers Allegedly Gave False Reasons For Checks
Alleged Fraud Discovered By Family Member
Financial elder abuse of a senior is a crime and grounds for civil liability for the person taking the money and anyone assisting them. Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial abuse). Financial elder abuse often comes at the hands of a dishonest caregiver of the elderly individual. Betrayal of an elder’s trust by a dishonest caregiver may occur almost immediately when the dishonest caregiver enters a senior’s home or a sustained scheme over time which drains the senior’s bank accounts until there’s little left. We have seen seniors suffer from both forms of financial abuse over the years: from onetime theft to elaborate schemes that include all of a senior’s financial accounts, trust property, and home. Sadly, even the most elaborate abusive schemes can go on for years and may not be discovered until after the elder dies. Whatever the extent and time frame, if a senior or dependent person is a victim of financial elder abuse, Evans Law Firm. Inc. can represent the victim and his or her family, and pursue all persons responsible, including anyone assisting in the abuse. We will pursue all available remedies including an award of attorneys’ fees and expenses for bringing suit. Cal. Welf. & Inst. Code § 15657.5. If you or a loved one has been the victim of financial elder abuse in San Mateo County or elsewhere in California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregivers Allegedly Stole Close To $500,000 From Victim
In a recently reported case,[1] a caregiver and her husband have been accused of stealing close to $500,000 from a 96-year-old victim under their care. The alleged abuse only came to light after a family member of the victim took her to her bank where the bank manager revealed the balance in her account and transactions for the previous several years. According to Court documents, the individuals moved into the elderly woman’s home after she suffered a fall and broke her hip which required surgery and rehabilitation. The couple asked the elderly woman to pay for an extension to the rear of her home to increase living space, to which she agreed. Lawyers for the woman claim she was asked to sign blank checks for that work and for more over the years that followed. It is alleged that as the woman aged, she relied more on the couple to manage her day-to-day affairs and did not believe she had a reason to distrust her when she was asked to sign blank checks. She was told the checks were being used to contribute to the cost of food. Instead, the blank checks were alleged completed for large amounts and deposited directly into the caregiving couple’s own bank accounts. The money was never spent on any living expenses of the elderly woman according to Court documents.
Keeping Older Loved Ones Safe
This case illustrates one piece of advice we constantly offer – never, ever let a caregiver get involved in an older person’s financial affairs. Ever. Under no circumstances. A caregiver is there to provide health care and assistance with daily living activities, NOT finances. Never, ever grant a power of attorney or a blank check or a credit or debit card to a caregiver or nursing home staff member. Never allow access to financial or personal information like Social Security Numbers, PINs, or bank account information. Never give a caregiver (or anyone else for that matter) a blank check for anything. Monitor all of a senior’s credit cards and bank accounts online. Every day. Track where your loved one’s Social Security and pension benefits are being deposited. Every month. Have financial statements mailed to your address so others do not have access to you loved one’s business mail. Perhaps most important of all, if you suspect anything wrong, do something about it right away.
Contact Us
If you suspect financial elder abuse of a loved one, friend or neighbor in San Mateo County, or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid pursues all available remedies for families and injured seniors against those responsible.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
