California Caregiver Fraud & Theft Demand Letter

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Overview

In-home caregivers occupy a unique position of trust with vulnerable elders. They have access to the elder's home, finances, medications, and personal information. When caregivers abuse this trust through theft, fraud, or undue influence, California law provides strong remedies to recover stolen assets and hold abusers accountable.

                            Care Custodian Liability: Under the Elder Abuse Act, caregivers are "care custodians" who owe special duties to elders. This triggers enhanced remedies under W&I Code 15657 and 15657.5, including double damages and mandatory attorney's fees for financial abuse.
                        

Caregiver fraud is particularly insidious because:

Isolation: Caregivers may be the elder's primary contact, allowing abuse to go undetected
Dependency: Elders depend on caregivers for basic needs, making them reluctant to report
Access: Caregivers have access to home, valuables, financial documents, and mail
Cognitive decline: Many elders have dementia or confusion, making them easy targets
Trust: Elders often develop emotional bonds with caregivers, which abusers exploit

Act Quickly: Caregiver theft often escalates rapidly. The longer abuse continues, the more assets disappear. If you suspect your loved one's caregiver is stealing, document everything and contact me immediately at owner@terms.law.

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Types of Caregiver Theft & Fraud

Direct Theft ▼

Cash: Taking cash from wallet, purse, or hidden locations
Jewelry/valuables: Stealing items that won't be immediately missed
Checks: Writing checks to themselves, forging signatures
Credit cards: Using elder's cards for personal purchases
ATM withdrawals: Using elder's card to withdraw cash

Undue Influence & Manipulation ▼

Gifts: Manipulating elder into giving "gifts" of money or property
Will changes: Pressuring elder to change will in caregiver's favor
Joint accounts: Getting added to bank accounts
Real estate: Convincing elder to transfer property
Isolation: Cutting off family to maintain control

Billing Fraud ▼

Hours padding: Billing for hours not worked
Double billing: Charging multiple clients for same time
Expense fraud: Inflating or fabricating expense claims
Services not provided: Billing for care not actually given

Identity Theft ▼

New accounts: Opening credit cards in elder's name
Tax fraud: Filing false tax returns for refunds
Benefits theft: Redirecting Social Security or pension
Medical identity theft: Using elder's insurance

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Warning Signs

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Unexplained financial changes

Missing money, unusual withdrawals, new credit cards, unpaid bills despite adequate funds

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Missing valuables

Jewelry, collectibles, or other items disappearing from the home

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Isolation from family

Caregiver discouraging visits, answering for the elder, monitoring calls

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New "best friend" relationship

Elder becomes unusually attached to or dependent on caregiver

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Legal document changes

New will, power of attorney, or deed naming caregiver

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Caregiver lifestyle changes

Caregiver suddenly has new car, clothes, or spending patterns

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Elder confusion about finances

Elder doesn't understand where money went or what they signed

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Legal Basis

W&I Code 15610.30 - Financial Elder Abuse ▼

Financial abuse includes taking, secreting, appropriating, or retaining property of an elder for wrongful use or by undue influence. Caregivers as "care custodians" are specifically covered.

W&I Code 15657.5 - Enhanced Remedies ▼

Compensatory damages (value of stolen property)
Up to 2x damages for reckless, oppressive, or malicious conduct
Reasonable attorney's fees and costs
Claims survive the elder's death

Penal Code 368 - Criminal Elder Abuse ▼

Theft from an elder is a crime with enhanced penalties. Criminal conviction can support civil recovery and result in restitution orders.

Civil Code 1575 - Undue Influence ▼

Transactions obtained through undue influence are voidable. Evidence includes: position of trust, elder's vulnerability, caregiver's actions to control, and unfair transactions.

                            Agency Liability: If the caregiver was placed by an agency, the agency may share liability for negligent hiring, inadequate background checks, or failure to supervise. This can provide a deeper pocket for recovery.
                        

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Evidence Checklist

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Bank/Financial Records

Statements showing unauthorized transactions, withdrawals, transfers

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Caregiver Employment Records

Time sheets, pay stubs, employment agreement, agency contract

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Receipts and Invoices

Any documentation of claimed expenses or purchases

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Legal Documents

Wills, trusts, POAs, deeds - especially recent changes

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Photos of Missing Items

Photos proving items existed before caregiver's access

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Communications

Texts, emails, voicemails from caregiver

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Witness Statements

Family, friends, neighbors who observed suspicious behavior

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Medical Records

Documenting elder's cognitive state and vulnerability

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Sample Letters

Caregiver Theft Demand Letter

[Attorney Name] [Address] [Date] VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED [Caregiver Name] [Address] Re: Demand for Return of Stolen Property - Elder Abuse Victim: [Elder's Name], Age [Age] Employment Period: [Dates] Amount Demanded: $[Amount] Dear [Caregiver]: NOTICE OF ELDER ABUSE CLAIM This firm represents [Elder's Name] and/or [his/her] family regarding your theft and financial exploitation during your employment as [his/her] in-home caregiver. FACTS You were employed as an in-home caregiver for [Elder's Name] from [start date] to [end date]. During this time, you held a position of trust and had access to [Elder's Name]'s home, finances, and personal property. Our investigation reveals that you engaged in the following misconduct: 1. [Specific theft - e.g., "Withdrew $32,000 from Elder's bank account using her ATM card between January and June 2025"] 2. [e.g., "Wrote checks to yourself totaling $15,000, forging Elder's signature"] 3. [e.g., "Stole jewelry and collectibles valued at approximately $8,000"] 4. [e.g., "Used Elder's credit card for personal purchases totaling $5,500"] 5. [e.g., "Billed for 240 hours not actually worked, defrauding Elder of $4,800"] TOTAL KNOWN LOSSES: $[Amount] LEGAL VIOLATIONS Your conduct constitutes: • Financial Elder Abuse (W&I Code 15610.30) • Theft (Penal Code 484, 487) • Elder Theft (Penal Code 368) • Fraud • Breach of Fiduciary Duty DAMAGES Under Welfare & Institutions Code 15657.5, [Elder/Estate] is entitled to: • Return of all stolen property: $[Amount] • Enhanced damages (2x for reckless conduct): $[Amount x 2] • Attorney's fees and costs • Pre-judgment interest TOTAL POTENTIAL LIABILITY: $[Amount] DEMAND Within twenty-one (21) days, you must: 1. PAY $[Amount] to [Elder/Estate] representing full restitution of stolen assets 2. RETURN all property taken from [Elder's Name]'s home, including [list specific items] 3. PROVIDE a complete accounting of all funds and property you received from [Elder] CONSEQUENCES If you fail to comply: 1. We will file a civil lawsuit seeking all damages plus enhanced remedies 2. We will report this matter to: - [County] District Attorney for criminal prosecution - Adult Protective Services - Home care agency [if applicable] for termination and blacklisting 3. We will obtain a judgment that will affect your credit and ability to work in caregiving Criminal elder theft is a felony in California. The District Attorney takes these cases seriously, especially when the victim is vulnerable. This is your opportunity to resolve this matter before criminal charges are filed. Respond within 21 days. Sincerely, [Attorney Name] cc: [Home Care Agency - if applicable] Adult Protective Services

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Next Steps

1. Stop the Bleeding▼

Terminate the caregiver immediately
Change locks on elder's home
Change bank account numbers and PINs
Place fraud alerts on credit reports
Revoke any powers of attorney

2. Document Everything▼

Request all bank statements and transaction records
Inventory missing items and photograph remaining valuables
Gather caregiver's employment records and time sheets
Interview elder about what happened (carefully)

3. Report to Authorities▼

File police report for theft
Report to Adult Protective Services
Report to District Attorney Elder Abuse Unit
Report to home care agency (if applicable)

4. Send Demand Letter▼

Demand return of all stolen assets
Set deadline for compliance
Preserve right to sue and seek enhanced damages
Many caregivers will settle to avoid criminal prosecution

Need Help? I personally handle caregiver theft cases. Demand letters start at $450. Contingency available for larger cases (33-40%). Contact: owner@terms.law or schedule a call.