Home repair fraud is a type of elder financial abuse
Most people view elder abuse as a specific type of criminal actions, such as physical, mentally or emotionally harming an older Californian. Yet elder financial abuse is a rising form of elder abuse, and one that California prosecutors are charging more aggressively.
Elder financial abuse involves the theft or embezzlement of money from an older Californian (aged 65 or older). Prosecutors can demonstrate that you committed this type of abuse by proving that you:
- Committed a financial crime;
- That the property in question belonged to an elder; and
- You were a caregiver for the elder; or
- You knew or reasonably should have known that the individual was an elder.
In essence, this means that a prosecutor has to not only prove that you were guilty of a financial crime, such as theft, fraud, embezzlement or forgery, but also that you committed this crime against an elder.
According to an elder abuse attorney Los Angeles, CA, one rising area of concern is the number of elders being scammed by door-to-door repairmen offering their services. Many elder Californians in the great Los Angeles area have been ripped off by contractors (or people who claim to be contractors) and handymen who knock on their door and offer to perform various services for them. In many cases, these people might make claims about their house, like that their roof needs work, their trees are in danger, or that their paint needs to be touched up around the outside of the house. The jobs are usually ones that cannot be easily performed by an older person — and ones that the person may not have noticed before this person showed up at his or her door.
While offering home repair services is not illegal, failing to follow up or doing poor work may be. As an elder abuse attorney Los Angeles, CA can explain, many elder financial abuse cases involve so-called repairmen who offer to perform work, accept money, and then never perform the work. Alternatively, they may perform the work, but they don’t do what they promised — or they do a very bad job at what they said they would do. This may leave the elderly person out hundreds or thousands of dollars. In essence, they have fallen victim to fraud — and the person who solicited the repair work can be charged with a crime.
Elder financial abuse can be charged as either a misdemeanor or a felony, depending on the amount of property or services stolen. If the value was $950 or less, then it will be charged as a misdemeanor, with a potential penalty of up to 1 year in county jail and $1,000 in fines. If it was over $950, it can be charged as either a felony or a misdemeanor. Felony financial elder abuse can result in between 2 and 4 years in California state prison, and a fine of up to $10,000. It also will result in a strike on your record for purposes of California’s “Three Strikes” law.
California takes elder financial abuse seriously, which is why you must be careful if you plan to offer home repair services door-to-door. If you have been charged with elder financial abuse, a seasoned elder abuse attorney Los Angeles, CA can help to defend you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
