ATTORNEY NEWSLETTER
Caregiver Fraud/Caregiver Theft
Recent Case Example
Protecting Your Older Loved Ones From Caregiver Fraud/Caregiver Theft
Fraud by dishonest caregivers ranges from theft of cash, credit cards and checks to elaborate schemes aimed at taking an elderly victim’s entire estate. Online access to an elderly person’s financial accounts is a frequent means of this type of caregiver fraud or caregiver theft and financial elder abuse. While theft from any person is a crime, when the victim is over 65 any theft is also criminal financial elder abuse and grounds for civil liability against the person who took the property. Anyone assisting in financial elder abuse, even if another person is the one who physically takes the elder’s property, also commits financial elder abuse and is responsible for the property taken. Penal Code § 368; Cal. Welf. & Inst. Code § 15610.30(a)(1) and (2). California broadly defines what constitutes 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.
If you or a loved one is a victim of elder or dependent adult abuse or neglect or caregiver fraud or caregiver theft 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).
Case Example Of Caregiver Fraud/Caregiver Theft[1]
Authorities recently arrested a caregiver for defrauding an elderly woman of more than $200,000. Police report that an investigation, led by the force’s Major Crime Unit, spanned five months, and confirmed the senior’s in-home caregiver had made numerous transactions into her personal account over a two-year period. Police reporting the arrest advised citizens to protect seniors from caregiver fraud by:
- monitor accounts: review bank statements regularly.
- background checks: thoroughly check references before hiring care giver support.
- stay involved: regularly visit or call to stay aware of the senior’s situation.
Contact Us
The financial elder abuse attorneys at Evans Law Firm, Inc. wholeheartedly concur with these recommendations. The reported case illustrates the danger of letting strangers work their way into an older person’s life. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation. Monitor the senior’s bank accounts and have the statements sent to your address so that no strangers in the senior’s home have access to account information. Never, ever, let a senior give a Power of Attorney to a caregiver. If you sense any kind of abuse of an older loved one, or caregiver fraud or caregiver theft from them, here 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 cases of caregiver fraud or caregiver theft against 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. This case was first reported on by a local TV station.
