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Sep 20, 2023 by |

Santa Clara County Elder Abuse Attorney: Caregivers Who Physically And Financially Abuse Elders And Dependent Adults


Allegations Of Physical And Financial Abuse

Victim Suffered from ALS

Physical Abuse And $4000 Allegedly Stolen

Physical and financial elder abuse and certain forms of neglect are all crimes and grounds for civil liability of the abuser. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15610.57 (definition of neglect).; Cal. Welf. & Inst. Code § 15610.63 (definition of physical abuse). Greedy caregivers, intent only on stealing a senior or dependent person’s money or possessions, care little about their health and may abuse or neglect them as part of the scheme of getting money or may simply not care.  As a result, neglect or abandonment or physical abuse may accompany financial abuse of older persons.  Indeed, in some cases, caregivers may intentionally neglect or abuse a senior in hopes of hastening their death with the intent of taking their estate.  Evans Law Firm, Inc. represents seniors and their families against any parties responsible for abuse or neglect of a senior.  We pursue all remedies available to the injured senior including an award of attorneys’ fees and expenses for bringing the action.  Cal. Welf. & Inst. Code §§ 15657 and 15657.5.  If you or a loved one is a victim of financial elder or dependent adult abuse or neglect in Santa Clara County or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).

Caregiver Arrested For Alleged Physical Abuse And Theft

In one reported case, [1] police say a woman paid to help take care of a man in his 70s with ALS instead robbed and tried to strangle him in a recent attack at his home.  According to the arrest affidavit, the victim told officers with assistance from two other caregivers that a former employee came to his home at night and spent 30 minutes to an hour assaulting him by means of strangulation.  The victim told police he begged for his life and identified the suspect as a former caregiver. The man told police the suspect stuffed a rag into his mouth, laid him on the bed, held his nose shut, and poured water in his face.  According to the affidavit, during the altercation, the caregiver allegedly told the victim, “Are you going to send me a 1099 now?”  The victim told the police he thought he was going to die.  He closed his eyes and feigned death and the caregiver left after allegedly taking $4000 in cash from the home, according to police. The individual faces charges of aggravated burglary, aggravated robbery, attempted first degree murder and aggravated abuse of an elderly or vulnerable adult.

Protecting Care Facility Residents From Abuse

Always do a background check on anyone you hire as a caregiver; get references and call them.  The horror of this case illustrates just how vulnerable an elderly or disabled person is to any attack.  Visit any loved one under the care of an in-home caregiver as frequently as you can to determine if they are being abused, intimidated, frightened or neglected by any one in the home.  If your loved one has multiple caregivers, interview each of them about whether they think there may be a problem.  In the reported case, two of the man’s caregivers helped him tell authorities what had happened to him.  Never allow a caregiver access to checks, cash or credit cards.  Even if you have checks under lock and key continue to monitor a senior’s account online as online or phone access may also redirect their money to a caregiver’s accounts or the senior’s money may be used to pay a caregiver’s bills online. 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 theft and exploitation. 

Contact Us

If you sense any kind of abuse of an older loved one in Santa Clara County or anywhere else in the Bay Area or throughout the State of California, 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 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.

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