Legal Question in Elder Law in Massachusetts

elderly and check fraud

An in-home care giver to my disabled

husband stole checks and forged my

name and cashed them. She cashed

$40k from one bank (not in MA) and

$20k from another in MA. I did not

notice because she was also stealing

bank statements and had convinced

me that I was ''confused.'' I am 67

yrs. old. The NJ bank is refusing to

reimburse any of the 40k and the MA

bank is only reimbursing $6k because

that was from the first month of

theft. All of this happened from mid-

Sept. 08 to mid-January 09. Do I

have any legal course of action with

these two banks? (The woman who

committed fraud and theft has not

admitted it but is still in jail. Help

please?!


Asked on 3/22/09, 5:26 pm

2 Answers from Attorneys
Warren Wood Law Offices of Warren Wood

Re: elderly and check fraud

You definitely require the assistance of an Elder Law Attorney. This office represents Elders and Seniors in a number of abuse cases. We also provide free initial consultations.

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Answered on 3/22/09, 5:37 pm

Re: elderly and check fraud

Depending upon the period this theft took place you have recourse against both the caregiver and the bank. Assuming the signatures were forged and not that your husband actually signed the checks, you should have complete recourse against the banks depending over what period this took place. You have both civil and criminal actions that can be taken against the caregiver and the agency that supplied him or her to you.

Please feel free to contact me without obligation.

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Answered on 3/22/09, 6:51 pm


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