ATTORNEY NEWSLETTER
$125,000 Reportedly Stolen
Unlicensed Caregiver Had Long Criminal History
Protecting Older Loved Ones From Caregiver Fraud/Caregiver Theft
Any senior is vulnerable to financial elder abuse whenever a dishonest caregiver or other stranger enters their home for any period of time. When it occurs, this kind of financial elder abuse often takes the form of stolen cash or checks, unauthorized credit card purchases or ATM withdrawals or transfers of money out of a senior’s accounts online or by the phone. Whatever the “form” or size of financial elder abuse, 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/caregiver theft in Santa Clara County, or the San Francisco Bay Area, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example Of Caregiver Fraud
In one case example of caregiver fraud/caregiver theft, [1] a caregiver was sentenced to 20 years in prison (with 10 years suspended) for crimes committed while acting as caregiver for an elderly couple. Court documents reveal the woman worked as a live-in caregiver from January through July 2024 and stole around $125,000 from the couple through forged checks, fraudulent use of a credit card, and use of the couple’s identity to open a credit/debit card account. Authorities say the woman did not work for a licensed agency and had a long criminal history, including convictions for drug offenses, theft, and criminal mischief. She had previously been sentenced to six years’ probation and four years in prison. According to reports, the elderly couple’s nightmare began in May 2024 when a “friend” of the caregiver forged a check belonging to the couple. The caregiver claimed she had no knowledge of the theft and apparently the couple believed her and continued her employment. During this period, the husband was moved to a care facility. In August, an alert staff member noticed some financial irregularities and notified Aging, Adult, & Behavioral Health Services (a division of Arkansas Department of Human Services), who then told the wife that someone “was robbing her blind.” That’s when local police began an investigation, which led to the caregiver’s arrest on five felony charges: exploitation of vulnerable persons, financial identity fraud, theft of property over $25,000, fraudulent use of a credit card, and second-degree forgery.
The caregiver reportedly opted to waive a jury trial and accepted a plea deal earlier this year. The exploitation and theft charges carry 20-year sentences but, under the terms of the deal, 10 years were suspended on both. The financial identity fraud and forgery charges carry 10-year sentences, and the fraudulent use of a credit card carries six years. The sentences will run concurrently.
Contact Us
Caregivers should be providing care, not meddling in finances. Even when the caregiver’s role is well-defined, keep an eye on all financial accounts of your older loved one. 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. But start your due diligence sooner too. 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 theft and exploitation. If you sense any kind of abuse of an older loved one here 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 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. The case was reported on by a local Arkansas newspaper.
