DA: In-home aides stealing

Santa Clara County Superior Court's downtown San Jose civil courthouse at 191 N. First St.

BY BRADEN CARTWRIGHT
Daily Post Staff Writer

A company that provides in-home care has paid $100,000 in civil penalties after being caught placing unscreened caregivers into the homes of the elderly and disabled, resulting in a Palo Alto resident getting thousands of dollars stolen from him.

The penalty was the result of a District Attorney’s Office consumer protection lawsuit, the first of its kind filed in Santa Clara County.

The complaint alleged that Serving Seniors.Care, based in Daly City, didn’t perform background checks and hired unregistered aides. 

By law, those convicted of any crime are barred from serving as home aides.

At the same time, the company allegedly made false statements on its website and in its client agreements that its aides were properly screened, Deputy District Attorney Victoria Robinson said in a statement yesterday.

At least two of its workers committed theft, Robinson said. 

Paula Wolfson, the manager of Avenidas Care Partners in Palo Alto, said these kinds of abuses are a big problem.

“There’s not just theft that goes on. There’s manipulation. There’s sort of becoming part of the family, and manipulating the person into giving access to money or the home or the car,” Wolfson said. “It’s just a sad situation because it’s our vulnerable loved ones. But in today’s day and age, you have to play it very safe.”

Fortunately, many “wonderful and trustworthy” home care agencies operate in the area, Wolfson said.

The key to getting a good one is asking questions, Wolfson said. Long lists of questions to ask are available online — about trainings, insurance, complaints, policies and referrals.

The California Department of Social Services has an online registry of all registered home care aides, who can be searched by name.

Wolfson also recommended not leaving an elderly family member alone with a caregiver until he or she is trusted.

And a broader solution, Wolfson said, is to move oversight of caregiving away from the California Department of Social Services.

The federal government oversees all kinds of medical care and has stricter monitoring and auditing rules, Wolfson said.

“The way elder care services are arranged in this country is very split and fragmented,” she said.

The costs are also a challenge, ranging from $35 to $55 depending on the level of care someone needs. Many people don’t plan for this expense, Wolfson said.

“It is breaking the financial well-being of a lot of American families,” Wolfson said.

The investigation into the Daly City company started after an employee allegedly stole $7,900 from a 64-year-old Palo Alto man between March 1, 2019, to July 1, 2020. 

Agapito Magpantay Osorio, 52, of Daly City, was charged with embezzlement and is scheduled to appear in court on April 17.

Deputy District Attorney Jonathan Beardsley said on a phone call that he and a public defender are discussing a plea deal for Osorio at the Palo Alto Courthouse. 

The criminal case is separate from the civil case against Serving Seniors.Care, Beardsley said.

Raquel Heck, owner and CFO of Serving Seniors.Care, said yesterday that she wanted to give her side of the story. But she said that she needed to check with her husband first, and never returned the call.

Wolfson recommends the following organizations for advice on caregiving:

• Alzheimer’s Association at (800) 272-3900

• Family Caregiver Alliance at (855) 227-3640

• Avenidas Care Partners in Palo Alto at (650) 289-5348

• Rosener House Adult Day Care in Menlo Park at (650) 322-0126

• Avenidas Rose Kleiner Center in Mountain View at (650) 289-5499

Correction: A phone number has been corrected in this version of the story.

1 Comment

  1. Thank you for raising awareness regarding best practices for hiring professional caregiver help in the home. Re proactive measures for preventing elder financial abuse: security cameras, finger print and background check all caregiver staff. Safeguard all on line financial information, have a lock box for all personal account information. Secure banks and investments. Make sure they have the ID for legal guardians and decision makers of frail elder. Double check references for anyone you hire privately or an agency. The article listed agencies in support of caregivers. Also, there was a typos in the ACP phone number; here is the correct telephone number for the Avenidas Care Partner’s office: 650 289 5438. My direct line. Thanks! Appreciate the reporter’s interview questions. Kind Regards, Paula Wolfson, Manager, Care Partners

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