ATTORNEY NEWSLETTER
Case Example Of Caregiver Theft/Caregiver Fraud
Caregiver Accused Of Stealing Cash And Using Victim’s Credit Card
Protecting Seniors
Theft of cash and unauthorized credit card use are common forms of financial elder abuse perpetrated on older persons. Dishonest persons working for seniors in their homes as caregivers are all too frequently perpetrators of this kind of fraud. If a dishonest caregiver has access to cash and credits or even confidential information about a senior like their Social Security Number, birthdate, bank accounts numbers and maybe even their account PIN, they can access the senior’s account anonymously online and transfer money to themselves. Amounts transferred may start out small and if the caregiver believes he or she is getting away with it, the amounts will predictably grow over time. Any such theft is 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.
Cal. Welf. & Inst. Code § 15610.30.
Whatever the “form” or frequency or size of financial elder abuse, under this broad statutory definition, 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. If you or a loved one is a victim of financial elder abuse in Santa Clara County or elsewhere in the San Francisco Bay Area, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267). In certain caregiver fraud cases, Evans Law Firm represents victims on a contingency basis, meaning the firm is paid a percentage of any recovery and no upfront fees are paid by the victim to start the case.
Case Example
In one reported case of caregiver fraud/caregiver theft, [1] a caregiver has been arrested for theft of cash and credit cards from a 95-year-old man’s wallet. The arrested caregiver was by a caregiver agency who assisted the victim inside his home, according to an arrest affidavit. Adult Protective Services and the local Police Department traced one of the charges to an automobile dealership in a nearby town. According to police, a $615 payment had been made toward the defendant’s car, and officers were able to confirm that the credit card matched the victim’s card. Police say other charges on the stolen credit card also include Dollar General, Gas Stations, Wendy’s, and a car wash. The defendant told police that the victim had given her the credit card to keep using as long as she needed, according to an affidavit. The caregiver was booked and charged with 13 counts of credit card fraud and theft. The charges are pending.
Protecting Seniors From Caregiver Fraud
Always do a background check on any caregiver before he or she is hired, even if the caregiver is coming through an agency. Ask for references and check them. 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. 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 caregiver fraud or caregiver theft or other form of financial elder abuse of an older loved one in Santa Clara 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.
