ATTORNEY NEWSLETTER
Allegedly Used Fake POA To End Life Support
Accused Of Murder And Theft Of Victim’s Home And Money
Protecting Older Loved Ones From Caregiver Fraud/Caregiver Theft
Whenever a dishonest caregiver gains access to any confidential financial information of an elderly person, there is a risk that they will use that information to take as much money from the senior as they believe they can get away with. The caregiver fraud may extend to redirecting monthly Social Security and pension and IRA benefits and distributions to their own accounts. Some dishonest caregivers even go so far as to try and steal a senior’s home and all their money. We have seen caregiver fraud/caregiver theft cases where greedy caregivers do just that. 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 murder after she allegedly obtained a fraudulent power of attorney over an elderly man and told a hospital to pull his life support. The woman had previously been charged with identify theft, possession of a financial transaction device and illegal sale or use of a credit card. The charges come after the woman, a licensed practical nurse, began providing in-home care for the victim’s wife in spring of 2021. In early 2024, the victim, a 78-year-old male, began to decline in health as well. Due to an illness in October of 2024, the victim was transferred to a local hospital and placed on life support. The caregiver allegedly later instructed the hospital to have the victim taken off life support and he died. According to reports, the woman allegedly did not inform the victim’s family of his passing and used the power of attorney to have the victim cremated, officials said. She then allegedly authored a fraudulent quit-claim deed on the victim’s home, embezzled a large sum of money from the victim and opened and used credit cards in the victim’s name.
Contact Us
Keep 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. 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.
