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Nov 17, 2022 by |

Santa Clara County Financial Elder Abuse Attorney: Caregiver Pleads Guilty To Stealing $25,000 From Dementia Patient

ATTORNEY NEWSLETTER

47 ATM Transactions In Single Month

Dementia Sufferer Unaware She Had An ATM Card

Caregiver Enters Guilty Plea Following Arrest

ATM cards are a particular target for a dishonest caregiver or other stranger in an elderly person’s home.  If they can ascertain the PIN, the senior is really at risk. A case discussed below shows just how dangerous it is for a dishonest caregiver to get a PIN to use an ATM card of an elderly person without their knowledge. Whenever an older loved one in your family has in-home care, be sure and keep cash, checks, ATM cards and credit cards, jewelry and other valuable objects safe and also keep all financial information and Social Security numbers out of sight.  Older persons or dependent adults are not in a position to protect themselves against financial abuse or keep track of cash, checks, cards and other valuables.  If they are deaf or confined to bed or a single room in their house, objects elsewhere in the home, or rooms themselves, can be searched without the senior’s knowledge.  Evans Law Firm. Inc. can represent victims and their families against all wrongdoers including persons who may be responsible for hiring and supervising the dishonest employee in the first place, or anyone who assists the abuser in their financial abuse.  California broadly defines financial elder 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.

We pursue all remedies available to the injured elder or dependent adult, which include awards of attorneys’ fees and expenses for bringing your case.  Cal. Welf. & Inst. Code § 15657.5. If you or a loved one has been the victim of financial elder abuse 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 Accused Of Stealing $25,000

In one reported case,[1] a 92 year-old woman suffering from dementia was allegedly defrauded by her caregiver. The caregiver, who allegedly stole $25,000, pled guilty to fraud and identity theft following her arrest. According to police, defendant stole the $25,000 from the elderly dementia sufferer in just one month by making 47 ATM transactions.  Police say the victim did not know she even had an ATM card. Like many who suffer from dementia, the victim of this crime was living in her home, with the assistance of caregivers.  The criminal complaint alleges that the 47 ATM transactions all occurred over the course of one month.

Keeping Loved Ones Safe

If you have an older loved one under the care of an in-home caregiver, make sure they don’t have any accessible cash, checks or ATM or credit cards in the home.  Even if you think you have all their bank and credit card information secure, continue to monitor credit cards and bank accounts online.  Make sure financial statements are mailed to your own address so others do not have access to you loved one’s business mail.  Track where your loved one’s Social Security and pension money is deposited as caregivers or others may divert those deposits if they can access the benefit accounts.  Make sure financial information like account numbers and Social Security numbers are kept away from a caregiver’s glance.  Never, ever grant a power of attorney to a caregiver or nursing home staff member.  

Contact Us

If you suspect financial elder abuse of a loved one, friend or neighbor in Santa Clara County, or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).  Ingrid pursues all available remedies for families and injured seniors against those responsible.

[1] Evans Law Firm, Inc. was not involved in the case in any way.

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