July 24, 2010

Illinois Caregiver Steals from Elderly Patient

The Daily Herald reported this week on a disturbing example of elder financial exploitation out of Wheaton, Illinois. Angelica Ledesma was hired to care for an 82-year old elderly woman who lived in the western Chicago suburb. Like so many other seniors when they reach a certain age, the Wheaton woman needed close assistance to complete necessary day-to-day responsibilities, and Ledesma was tasked with providing that needed care.

However, authorities discovered that Ledesma was interested in more than the job of assisting her elderly client. Instead, the caregiver hoped to profit in other ways from her position. While at the elderly Wheaton woman’s home, Ledesma reportedly stole several valuable pieces of jewelry.

In a two month period from December to February this year Ledesma stole two gold rings (one containing multiple rubies), crystal figurines, and a bracelet. On top of all of that, Ledesma also snatched the engagement ring that the Wheaton woman’s deceased husband had given to her decades prior. In total, the stolen items had a value around $5,000.

The theft of the engagement ring proved to be Ledesma undoing, as its absence spurred the elderly victim into a panicked search of her home. Ledesma attempted to return the items when it was discovered that they were missing, but she eventually confessed when questioned by police about the missing items.

Elder financial exploitation continues to affect hundreds of thousands of seniors each year. Some attempts are being made at limiting the problem, including passage of a new law in Illinois to train bank workers on the signs of financial abuse. However, the new law addresses only one forms of financial exploitation. Many other forms, including theft occurring in nursing homes, are likely to continue unless individuals report any suspicious activity. Our Chicago nursing home abuse attorneys at Levin & Perconti are committed to helping victims of this abuse receive the compensation they deserve for their losses. Please contact us if you know of a victim, so that we can assist in the recovery process.

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Posted In: Financial Exploitation

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July 19, 2010

Illinois Governor Signs Legislation Targeting Elder Financial Abuse

Illinois Governor Pat Quinn signed a bill today which seeks to limit senior financial exploitation across the state. Abusing the finances of elderly residents is often cited as the most common form of senior abuse. Many seniors are especially vulnerable to financial exploitation, because they lack the ability to adequately defend themselves.

The abuse can take many forms and occur at the hands of various individuals. Earlier this month we posted on the financial abuse of an elderly couple by a fraudulent individual who claimed to provide necessary roofing work on their home. Instead of provided any home repair, however, the individual took the several thousand dollar payments from the couple without doing any work.

Also, elderly financial exploitation often occurs at the hands of nursing home staff members. Providing care to these vulnerable residents, nursing home staff members maintain a dominant and potentially abusive role in the lives of nursing home residents. Our Chicago nursing home lawyers at Levin & Perconti have decades of experience in dealing with all forms of elder abuse, including financial exploitation. Through the years our attorneys have seen many cases of nursing home staff members gaining access to their residents’ funds and stealing thousands of dollars from the weak and vulnerable individuals in their care.

The bill signed by the governor today to combat these abuses seeks to train bank employees to recognize the warning signs associated with elder financial exploitation. Those warning signals include sudden changes to an account or the banking practices of seniors, unauthorized ATM withdrawals, sudden changes to a will, and other similar activities.

Last year alone, Illinois had over 6,200 reported cases of senior financial abuse. However, only 3% of those cases were reported by banking representatives. Hopefully this new legislation increases the role of the banks in protecting vulnerable seniors from this prevalent problem. In any case, anyone who suspects an elderly family or friend may be the victim of similar abuse should report it immediately.

To read more about the newly signed legislation, please Click Here.

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Posted In: Financial Exploitation

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July 11, 2010

Scams Against the Elderly on the Rise

The Washington Post recently discussed a growing problem: the rise of elder financial abuse. Each year more and more seniors Americans are swindled, tricked, and robbed out of the funds they have often spent their lifetimes saving.

A study by the MetLife Mature Market Institute last year discovered that seniors lose at least $2.6 billion a year to scams and that is a conservative estimate. The report also indicated that many seniors are reluctant to let anyone know about these scams out of embarrassment, fear of being sent to a nursing home, and concern about having to testify in court.

Gail Nardi of the Virginia Department of Social Services mentioned that cases of senior financial abuse are skyrocketing. She explains that just last month a caregiver at the Department of Social Services took more than $24,000 from an 89- year old vulnerable elderly resident who had sought care through the state agency.

Financial abuse of the elderly takes many forms. It often involves care workers at nursing homes and others hired specifically to assist the vulnerable seniors. At other times, elderly victims are exploited by their own family members. One high-profile example is the recent case of New York socialite Brooke Astor, whose son was accused of taking $1 million while his mother was suffering from Alzheimers.

Other senior financial scams involve a claimed “handyman” convincing a senior that home repair needs to be done and taking payment for the work without ever actually fixing anything. The unnecessary work typically includes fixing roofs, paving driveways, and trimming trees.

Many states have called on physicians and bank tellers to play a more active role in stopping the abuse. By encouraging those individuals (who most seniors interact with frequently) to report suspicious behavior, many scams may be caught before it is too late.

Our Chicago nursing home lawyers encourage everyone to pay close attention to signs of senior financial exploitation among any elderly family and friends. Often the victims of these scams have money saved up to pay for their medical care in their final years, only to have it ripped from them by greedy thieves. It can happen in any circumstance and at any time. The only way to stop the growing problem is increasing awareness and more reporting of potential problems.

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Posted In: Financial Exploitation

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May 17, 2010

Financial Exploitation of the Elderly an Ever-growing Problem in Illinois

Financial exploitation of the elderly has become a large problem within the elderly community. The State Journal-Register is reporting that a Hillsboro, Illinois man was arrested for his involvement in the financial exploitation of an elderly person. The thirty year old man reportedly had an arrangement with an elderly person in the area to do miscellaneous work. This person then became a victim when the defendant was given blank signed checks to buy materials for the projects. The man then used the blank checks to buy more than $300 worth of personal items. Deputies were able to uncover several items purchased by the defendant with the victim’s money while executing a search warrant in his residence. To read more about this specific case of the financial exploitation of the elderly, please click the link.

Illinois has a specific statute that prohibits the financial exploitation of an elderly person. Under 720 ILCS 5/15-1.3 a person commits the offense of financial exploitation of an elderly person when they “stand in a position of trust or confidence with the elderly person and by deception or intimidation controls over the property of an elderly person or uses the assets of that person." This is a class 4 felony if the property is less than $300, a class 3 felony if less than $5,000 but more than $300 and a class 2 felony if in between $5,000 and $10,000. Finally, if a person exploits an elderly or disabled person out of more than $10,000 it is a class one felony. All felonies are punishable with jail time. If you believe you or a loved one is a victim of financial exploitation of the elderly we recommend that you contact your local law enforcement. If this exploitation occurred in an Illinois nursing home, you may also have a case for nursing home abuse. Please consult a Chicago nursing home attorney to further discuss your case and your legal options.

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Posted In: Illinois Nursing Homes, Financial Exploitation, Financial abuse and exploitation, Legislation

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April 14, 2010

Illinois Lawyer is Charged with Financial Exploitation of an Elder

Thetelegraph.com is reporting that authorities have charged an Alton, Illinois attorney with embezzling more than $137,000 from an elderly woman. The attorney had met this woman at a church and offered to help her obtain a payment for her probate case in which she was a litigant. The 62 year old man was charged in Madison County Court with unlawful financial exploitation of an elderly person. This is based on the evidence that he obtained a check written payable to the 81-year-old victim.

The Illinois lawyer was arrested after a police office obtained an eavesdrop order and placed a recording device on the elderly victim. The case was originally being handled by attorneys based in other states and the defendant told the woman he would write the checks in an effort to expedite the case. After many inquiries into the whereabouts of the check, the elderly woman hired another lawyer to investigate the elderly financial exploitation. The authorities discovered that the check had been sent by the out of state lawyers and that the defendant had deposited the check into his own personal account. His license has been suspended for a year.

Financial exploitation has become a common form of elderly abuse. According to the NCEA financial exploitation is defined as the illegal or improper use of an elder’s funds, properties or assets. Many times this falls in the hands of the attorney or estate executor. To read more about the specific case of Illinois financial abuse, please click the link.

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Posted In: Illinois Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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January 5, 2010

Woman Arrested on Charges of Financial Elder Abuse

A woman suspected of stealing $2,800 from a group of nuns has been arrested on additional charges of financial elder abuse and grand theft. The police have reason to believe that there are additional victims of the financial abuse. She allegedly stole donations from a group of local nuns who were evicted from their convent to free up money for a sex abuse settlement involving the Archdioceses. She took the reins of a group called Save Our Sisters that was accepting checks on the nuns’ behalf and allegedly deposited 10 checks directed toward the sisters into her personal account. Financial exploitation has become an all too common form of elderly abuse. To read more about the financial exploitation, please click the link.

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Posted In: Financial Exploitation, Financial abuse and exploitation

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November 13, 2009

Ex-Caregiver Gets 4 Years for Stealing

The former caretaker for a 93-year-old retired Springfield, Illinois pathologist has been sentenced to four years in prison and ordered to pay $400,000 in restitution for stealing thousands of dollars from her employer. The 65-year-old criminal was convicted by a jury in September of financial exploitation of the elderly and financial exploitation of a person with a disability. While the caretaker worked for the woman she received “gifts” of thousands of dollars for herself and relatives, used the victim’s money for car repairs and used the money to buy a $43,000 van. She had already obtained the doctor’s power of attorney both for finances and for health care. The judge called the employee the “worst nightmare” for family members who have to depend on someone else to care for an elderly loved one. Financial abuse has become the most common form of elderly abuse. To read more about the Illinois elderly abuse, please click the link.

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Posted In: Financial Exploitation, Financial abuse and exploitation, Nursing Home Abuse

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November 3, 2009

Woman Uses Power of Attorney to Rip off Elderly Man

A South Pekin, Illinois woman was arrested for allegedly bilking an elderly man out of cars, loans and his pension money. The 38-year-old woman was arrested for financial exploitation of the elderly, forgery and altering titles. In August, the son of an 83-year-old Pekin man called police saying he feared his elderly father had been the victim of financial exploitation by the father’s power of attorney. During the investigation, police learned that the woman had also convinced the victim to maker her his beneficiary at the time of his death. He had been coerced by the woman to take out loans on the homes he owned to help the woman open a business. Financial exploitation has become one of the most common forms of elderly abuse. To read more about the financial exploitation, please click the link.

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Posted In: Illinois Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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September 21, 2009

Woman Accused of Stealing at the Nursing Home

An employee at a nursing home was arrested and has been charged with stealing from the nursing home and several of its residents. According to the police department after the employee was arrested after the home’s chief long-term care officer reported the center had information showing an employee had been stealing. The woman was taken by the police where she was charged with theft by deception, theft by taking and financial exploitation of the elderly. The employee has been charged with stealing more than $4,000 from the elderly residents. She would take the money for the families and then not deposit them into the appropriate accounts. The police stated that the employee also stole from the facility be taking payment of services not provided to residents. The theft was not from the nursing home, but rather the individual residents. The nursing home stated that applicants go through criminal background checks and that nothing was found on the employee’s record. Criminal background checks are crucial to a nursing home’s process of hiring employees in order to guarantee that they are free from nursing home abuse. This case also highlights that financial exploitation has become one of the most common forms of elderly abuse in these troubling economic times. To read more about the financial exploitation, please click the link.

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Posted In: National Nursing Homes, Abuse, Financial Exploitation, Financial abuse and exploitation

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September 13, 2009

Task Force Gives Advice on How to Protect Seniors

As the wife of Baby Boomers hits 65, the need for elder abuse awareness is hitting an all time high. Elderly people become vulnerable to financial abuse by relatives, caretakers and a range of helpers. Experts in preventing financial exploitation suggest the following safeguards:
 Never advertise for a caretaker, handyman or driver. You should find them through senior centers or other trusted sources
 Get references and hire companies to do a background check
 Make a plan as you age to find someone you trust with your finances
 Consider a professional conservator who has a financial plan that is registered with a judge
 Be careful with newfound friends
 Beware of salespeople who are trying to scare you into buying something at extravagant prices.
Follow these steps to avoid becoming a victim of elderly abuse. If you or a loved one has experienced financial exploitation, consult an Illinois lawyer. To read more about the financial exploitation, please click the link.

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Posted In: Elder Caregivers, Financial Exploitation, Financial abuse and exploitation

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September 12, 2009

New Legislation Passed To Protect Elderly

Financial abuse by someone that an elderly member trusted is now becoming a lot more difficult to do in one state. New legislation that went into effect radically changed the power-of-attorney document. Legislators believed that this elder abuse legislation comes at the perfect time, since financial abuse is one of the fastest growing areas of elder abuse. Now, the power-of-attorney is much more difficult to obtain. Both the principal and the agent must sign the POA and the signature must be notarized. The document specifically states that when you accept the authority to act as an agent, you create a special fiduciary relationship with the principal that imposes legal responsibilities until you resign or the power of attorney is terminated. The principal can also appoint a monitor to insure that they are not the victim of financial exploitation. It also makes it easier to bring a civil suit against an agent who has acted inappropriately. This new elder abuse legislation is extremely important in combating financial abuse, and should be implemented in Illinois. To read more about the new legislation, please click the link.

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Posted In: National Nursing Homes, Financial Exploitation, Financial abuse and exploitation, Legislation

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September 5, 2009

Caretaker Pleads not Guilty to Stealing From Elderly Employer

A woman pled not guilty today to charges that she financially exploited more than $15,000 for a 93-year-old woman for whom she was employed to provide at-home care. The 49-year-old employee is charged with elder financial abuse by a caretaker, a penalty punishable by up to four years in prison. The woman was arrested after her employer’s bank became suspicious about checks that had been deposited and contacted the police. The county’s prosecutor stated that the employee forged 42 checks totality $15,395 from the woman’s account. Financial abuse has become one of the most common forms of elderly abuse. To read more about the financial exploitation, please click the link.

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Posted In: National Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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August 23, 2009

Woman is sentenced for Financially Exploiting Elderly Man

A woman who was convicted in June of financially exploiting and neglecting the care of an elderly man was sentenced to probation. While the judge believed that the woman was responsible for the financial abuse she also felt that the state bore as much responsibility for the elder abuse and neglect. The judge believed that the victim should have never been placed with the woman in the first place. The man had resided in the nursing home where the woman was employed, but in 2005 the family allowed the victim to move in with the employee, her husband and children. There was no regulation from the state, and the employee only needed the word of the elderly man in order to take over the man’s care and receive his Social Security payments. When the man was removed from the woman’s home, he was dehydrated, malnourished and covered in bed sores. It was evident that the man had not been receiving care for about nine months. This story highlights the need for more state oversight when it comes to the care of the elderly. To read more about the financial abuse, please click the link.

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Posted In: National Nursing Homes, Abuse, Financial Exploitation, Financial abuse and exploitation

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August 15, 2009

While Economy Struggles, Elder Financial Exploitation is on the Rise

Advocates for the elderly are seeing more cases of financial exploitation of senior citizens as the recession wears on. This elder abuse ranges from taking advantage of an aging relative to fraud. One victim was financially exploited by her at-home care giver. The problem is that older Americans tend to have steady incomes and trusting hearts. Victims are also afraid to report elder abuse. There are many signs that a senior is being financially exploited. They include:
 Unusual bank activity, including withdrawals at ATMs the senior does not live near
 Signatures on checks and documents that do not match the senior’s signature
 Unexplained changes in spending patterns or unusual purchases
 Sudden change in who has power of attorney

To read more about financial exploitation, please click the link.

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Posted In: National Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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August 6, 2009

Couple Steals Millions from Alzheimer’s Patient

A former doctor who had progressive Alzheimer’s disease and dementia was defrauded out of nearly $4 million dollars of her assets. The woman’s attorney has filed a financial exploitation lawsuit seeking $3.9 million in damages against the German couple who defrauded the former doctor. The elderly abuse lawsuit alleges that a German couple who owned a spa where the victim spent her last years used fraud and undue influence to financially exploit the victim. The lawsuit states that the couple illegally transferred nearly $4 million of the woman’s assets for their own benefit. It claims that the German couple was granted power of attorney over the victim’s affairs in 2007 and overseers of her will during her stay at the German spa. Financial exploitation has become one of the most common forms of elderly abuse. To read more about the elderly abuse, please click the link.

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Posted In: Financial Exploitation, Financial abuse and exploitation

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August 2, 2009

Former Nursing Home Worker Arrested for Elderly Abuse and Theft

The former director of social work at a nursing home was arrested after being indicted by a grand jury on nursing home abuse and theft charges. The man was indicted for one count of willful abuse neglect or exploitation of a dependent adult, one count of theft over $10,000 and two counts of theft over $1,000. The man was employed at the nursing home when he obtained property and cash from a resident of the facility who was incapable of making financial decisions. The man was arrested after an investigation by the Bureau and the Field Examination Unit of the Veterans Administration. He is currently on bond. Financial exploitation has become the most common form of elderly neglect. If you or a loved one has experienced this type of elderly abuse, find an Illinois lawyer. To read more about the nursing home abuse, please click the link.

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Posted In: National Nursing Homes, Abuse, Financial Exploitation, Financial abuse and exploitation

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July 26, 2009

Son Charged with Financial Abuse of an Elder

A man has been charged for financially exploiting his 77-year-old mother who suffered from dementia and was living in a nursing home. Since she moved into the nursing home 18 months ago, her 54-year-old son began cashing her pension checks, took out a reverse mortgage on her home, and wrote checks to himself for large sums of money. He was often seen accompanying his mother to the bank across the street where he would cash these checks. Bank officials noticed this suspicious activity and contacted police, who arrested him on one of his trips to the bank. This kind of financial exploitation targeting the elderly frequently happens when people take advantage of an older person’s weak physical or mental state. To read more about this case of elderly financial abuse, follow the link.

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Posted In: Financial Exploitation, Financial abuse and exploitation

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May 12, 2009

Area Nursing Home Employee is charged with Theft

A nursing home employee has been charged with felonies in the theft of a credit card from a patient at the home. The police say the 25-year-old employee stole a credit card and then tried to get money from the ATM machine. A bank employee called the police to report suspicious activity and the man threw the credit card in the trash can. He was charged with grand larceny, tampering with physical evidence and criminal possession of stolen property. Financial exploitation of the elderly has become all too common. To read more about the financial abuse, please click the link.

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Posted In: National Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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May 3, 2009

Man Jailed for Embezzlement and Elder Abuse

A man is currently behind bars after the embezzlement and elderly neglect of his own mother. The victim was diabetic, deaf in one ear and blind in one eye. The man is charged with one count of embezzlement of a vulnerable adult, which is felony. Additionally, once inside the victim’s home investigators say they found trash, clothing and dirty dishes strewn about the house. There was no running water and no heat. There was obvious elderly neglect with the victim being found on a urine-soaked, maggot-infested sofa. When the investigators lifted up the couch a pool of urine ran down the sides. The man was taking the money she got in assistance and using it for himself. This is an example of both financial exploitation and elderly abuse. To read more about the elderly neglect case, please click the link.

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Posted In: National Nursing Homes, Abuse, Financial Exploitation, Financial abuse and exploitation

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April 30, 2009

Caregiver Charged with Stealing from 86-year-old woman

A 49-year-old Illinois woman was charged with felony theft and 20 counts of felony forgery after she admitted to writing 20 checks from the account of an 86-year-old woman she was caring for. Prosecutors say that the elderly woman was financially exploited out of $740. When police arrested the woman she told officers she felt bad about writing the checks and meant to tell the family, but didn’t have time. If you believe you are a victim of elderly financial abuse, find an Illinois lawyer. To read more about the elderly financial abuse, please click the link.

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Posted In: Illinois Nursing Homes, Financial Exploitation, Financial abuse and exploitation, Incidents, Nursing Home Abuse

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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