California Couple Is Arrested For Taking Homes From The Elderly
In Los Angeles last week, Jesus Duran and Sofia Aguayo were arrested and are being investigated for defrauding sick and elderly homeowners of $5 million.
Jesus Aguayo, a licensed real estate broker, and Sofia Aguayo, a licensed real estate agent, are believed to have searched for homes that were unoccupied and had delinquent property taxes, paid off these taxes, and filed fake claims to seize the property. They are also accused of getting rid of possessions in the homes so that tenants could occupy the houses.
The couple is accused of illegally taking and renting approximately 100 homes and may be charged with up to 20 felony counts, including burglary, elder abuse, forgery, and grand theft.
Beginning January 1, 2007, in California, financial Institutions will be required by law to report any suspected incidents of elder financial abuse.
Elder financial abuse can include:
· Taking money or property.
· Forging an older person's signature.
· Getting an older person to sign a deed, will, or power of attorney through deception, coercion, or undue influence.
· Using the older person's property or possessions without permission.
· Promising lifelong care in exchange for money or property and not following through on the promise.
· Confidence crimes ("cons") are the use of deception to gain victims' confidence.
· Scams are fraudulent or deceptive acts.
· Fraud is the use of deception, trickery, false pretence, or dishonest acts or statements for financial gain.
· Telemarketing scams. Perpetrators call victims and use deception, scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims' credit cards without authorization.
In California, abuse of an elderly person or a dependent adult is defined as:
· Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
·
The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (W & I. Code § 15610.07)
An elderly person or a dependent adult who has been abused or neglected or the family of an abused or neglected elder or dependent has the right to sue the abuser in civil court.
The following are the requirements for a civil lawsuit alleging elder abuse (See W&I § 15657):
· Injured party must be residing in California and over 65 (W & I § 15610.27) or dependent adult (W & I Code § 15610.23).
· Abuse by showing either neglect, physical abuse or fiduciary abuse.
· Recklessness, oppression, fraud, or malice in the commission of this abuse.
· Proven by clear and convincing evidence.
The Law Offices of Scott Sagaria has experience successfully representing the elderly in matters related to elder law. If you live in the San Francisco Bay Area, contact the Law Offices of Scott Sagaria for a free consultation.
California Couple Accused Of Taking Homes. Examiner.com, October 19, 2006
Financial Abuse, National Committee For The Prevention of Elder Abuse
Elder Abuse Laws, Elder Abuse Law Center
Elder Financial Protection Network
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