ATTORNEY NEWSLETTER
Recent Arrest Of Unlicensed Care Home Operator
Criminal Charges Of Theft From An Elder
Protecting Seniors From Financial Elder Abuse
Often, financial elder abuse by starts out relatively small. But if the individual stealing an elder’s funds, like a dishonest caregiver with access to a senior’s money for example, senses he or she is getting away with their theft, the stolen amounts can grow overtime. In a recently reported case, discussed below, the operator of an unlicensed room and board residence has been charged with stealing from an elderly resident of the facility. Whatever the timing or form of financial elder abuse and whatever the amounts, 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 caregiver fraud or caregiver 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).
Arrest For Financial Elder Abuse
According to a California Statewide Law Enforcement Association press release, [1] California Attorney General Rob Bonta announced that felony grand theft charges have been filed against an unlicensed room and board operator who allegedly stole from an elder resident while the resident was hospitalized. The California Department of Justice initiated an investigation based on a complaint referral from Contra Costa County Adult Protective Services regarding allegations of financial exploitation, neglect, psychological abuse, and isolation at unlicensed facilities operated in Contra Costa. The investigation alleges that from May to September 2021, the room and board operator fraudulently withdrew money on multiple occasions from the elder adult’s bank account.
“Caregivers of seniors and dependent adults bear a significant responsibility to prioritize the safety and overall health of those in their care,” said Attorney General Bonta. “At the California Department of Justice, we are dedicated to combating all forms of elder abuse and neglect. We will act swiftly to hold accountable anyone who harms or takes advantage of these at-risk members of our community.” The complaint was filed in Contra Costa County Superior Court. Charges include grand theft from an elder adult and grand theft by access card. The defendant self-surrendered to Contra Costa Superior Court and is scheduled to be arraigned on April 16, 2025. Criminal charges must be proven in a court of law. Every defendant is presumed innocent until proven guilty.
Protecting Seniors From Financial Elder Abuse
Regularly monitor all of a senior’s accounts; view account activity online every day if you can. 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, ATM card, 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 anywhere 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.
