- Ingrid Evans speaks on Protecting Yourself From Elder Financial Abuse with Deputy District Attorney Jackie Lacy on KFWB Radio.
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Elder Financial Abuse
Financial elder abuse involves the illegal or improper use of a senior’s funds, property, or resources. At the Evans Law Firm, we litigate all types of financial elder abuse including those against insurance agents, insurance companies, banks and their employees, caregivers, and relatives. Some examples of elder abuse are:
An unscrupulous caregiver or family member might:
- Misuse an elder’s personal checks, credit cards, or accounts
- Steal cash, income checks, or household goods
- Forge the elder’s signature
- Engage in identity theft
Typical scams that target elders include:
- Financial seminars aimed at selling insurance products
- Announcements of a “prize” that the elderly person has won but must pay money to claim
- Phony charities
- Investment fraud
Scams involving healthcare providers include:
- Not providing healthcare, but charging for it
- Overcharging or double-billing for medical care or services
- Getting kickbacks for referrals to other providers or for prescribing certain drugs
- Overmedicating or undermedicating
- Recommending fraudulent remedies for illnesses or other medical conditions
- Medicaid fraud
California law defines elder financial abuse under the civil court laws as:
California Welfare and Inst.Code § 15610.30.
- (a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:
- (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
- (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
- (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 1575 of the Civil Code.
- (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.
- (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.
- (d) For purposes of this section, "representative" means a person or entity that is either of the following:
- (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.
- (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.
CONTACT
MAILING ADDRESS
INGRID M. EVANSTHE EVANS LAW FIRM
3053 Filmore Street
Suite 236
San Francisco, CA 94123
Phone: 888-503-8267
Fax: 888-891-4906
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