Legal Question in Elder Law in California

94 year old father died a month after we found out caregiver stole $100,000 from his checking and savings acct. Can she be arrested and face jail time? There is a paper trail of her taking money 3 or 4 times a day for months from his account and deposited into her acct (same bank). Other is taking from his savings from another bank, transfer to his checking acct bank then deposited into her account at same bank. Happy New Year


Asked on 1/03/11, 2:16 am

2 Answers from Attorneys
Felicia Curran Law Offices of Felicia C. Curran

I am sorry for the loss of your father.

On those facts, the care giver can be criminally prosecuted for theft and financial elder abuse. Contact the police, and your local district attorney's office, to make a report. If the care giver was working through an agency, the agency may also bear responsibility for her actions. The bank should not have permitted these unauthorized transfers of monies to go through, and it should be required to make good on the funds that were taken. The financial elder abuse laws would also permit you to get a court order "freezing" the care giver's account upon the filing of the elder abuse lawsuit. Consult a lawyer who practices financial elder abuse in your area.

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Answered on 1/08/11, 4:17 pm
Terry A. Nelson Nelson & Lawless

file a crime report with the local police and cooperate with them fully, and consider filing a civil lawsuit against her to try to recover some or all of the money if it hasn't all been spent already, or if she has any assets. If serious about doing so, feel free to contact me for help.

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Answered on 1/10/11, 10:14 am


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