ATTORNEY NEWSLETTER
Case Example Of Caregiver Fraud
Stolen Funda Allegedly Used For Trips
Protecting Older Loved Ones From Caregiver Theft
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.
In a reported case, discussed below, a caregiver falsified time records for the work performed for an elderly patient and altered checks to defraud the senior of close to $80,000. If you or a loved one is a victim of caregiver fraud or theft or financial elder abuse in Santa Clara County call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Sentenced For Fraud
In one reported case, [1] a caregiver was recently arrested after investigators say she quietly drained more than $79,000 from an elderly woman she was hired to help. Investigators say the 27-year-old caregiver exploited a 79-year-old woman she was caring for, stealing nearly $80,000 between July 2024 and June 2025. Deputies say the arrested woman was hired to help with daily living activities, including personal care and transportation, and through that role gained access to the elderly victim’s financial records, bank accounts, credit cards, and mail. The investigation began in June of 2025 when the victim reported unauthorized transactions on her account to the local Sheriff’s Office. Investigators say the victim, who typically paid bills by check, discovered repeated ATM withdrawals and credit card charges she did not recognize and insisted she never used a debit card or made ATM transactions. When deputies met with the victim, they found that many financial records and statements were missing during the time the arrested caregiver was employed by her.
Records revealed $79,041 in fraudulent transactions, including nearly 50 ATM withdrawals—totaling over $30,000 — made over the course of the caregiver’s employment. Surveillance video and witnesses later corroborated that she was behind the suspicious activity. Among the purchases and charges flagged as fraudulent were:
- Repeated gift card purchases, including $750 at Starbucks
- Hundreds of dollars in food delivery services
- A rock concert at the Hard Rock Casino
- A Water Park cabana rental
- Airline tickets
- A variety of clothing, shoes, and perfume purchases
- Traffic ticket fines
- Car payments
Detectives say they also uncovered dozens of questionable checks, many written directly to the caregiver or cashed by her, along with others linked to her family members.
Protecting Seniors From Caregiver Fraud
Always do a background check on any caregiver before he or she is hired. Ask for references and check them. Once the caregiver is on the job have the timecards sent to you so you can verify their accuracy. There are other important steps to follow as well to prevent more elaborate schemes of financial abuse. Careful monitoring of a senior’s checking account – and close review of cancelled checks – may have caught the reported fraud in this case sooner than eight or nine months. Always monitor a senior loved one’s checking account; take a look at it online every day if you can. 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 caregiver fraud or caregiver theft or financial elder abuse of an older loved one in Santa Clara County, 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 [email protected]. 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. The case was first reported on by a local Florida television station.
