Fresno Police Warning Public of Elder Abuse Scam

Today, perpetrators of elder abuse are increasingly using the internet and technology to defraud seniors, but a recent elder abuse scam in Fresno serves as an important reminder that more “old-fashioned” scams continue to target the elderly.

In this instance, individuals in Fresno have been approaching senior citizens to perform yard work or other home-improvement labor. In teams of two or more, these people will often claim to have worked for the elder in the past, thereby establishing a false sense of trust or security. Once these individuals begin their “work” at the elder’s home, one of them will distract the elder by talking to them or asking for a glass of water while the other sneaks into the home to steal expensive-looking objects.

In recent days, multiple instances of this type of fraud have been reported in Fresno. Witnesses have reported that one suspect is a heavy-set dark-haired male in his 40s and the other is a thin female, 18-20 years old, with dark shoulder-length hair. The Fresno Police Department asks that you contact their Elder Abuse Unit at 559-621-6317 with any information on the suspects.

Elder abuse continues to be a rampant and immoral problem in California and throughout the country. As more and more scammers target the elderly, it is vital to be extra cautious of any individual who attempts to enter or gain access to your home or personal information. If you have an elder relative living alone, be sure to check up on him or her regularly and be aware of any suspicious behavior by people in that elder’s life. If you believe that you or a loved one has been the victim of elder abuse or fraud, contact the Evans Law Firm in California at 415-441-8669 or 888-50EVANS (3-8267) for a free and confidential consultation, or email info@evanslaw.com.

Should You Purchase Long-Term-Care Insurance?

Costs of long-term care are rising, and more seniors are finding themselves in positions where such care appears necessary or desirable. But is Long-Term-Care Insurance a reasonable and viable way of dealing with this problem? A recent article in the Wall Street Journal weighs the pros and cons of purchasing long-term care insurance. The article pits the arguments of George Mason University professor Mark Meiners against those of California Advocates for Nursing Home Reform senior staff attorney Prescott Cole.

While the two consider similar evidence to arrive at diverging opinions, they agree on certain important facts about long-term-care insurance. For one, both Meiners and Cole agree that the decision about whether to purchase long-term care insurance is most pressing to individuals with “mid-wealth” or mid-level savings - people who may identify with the middle-class income bracket. With more than $2000 of savings, these individuals do not qualify for Medicaid, but at the same time are not capable of financing their own long-term care using savings.

The two experts also agree that regardless of whether or not someone purchases long-term-care insurance, he or she should have additional savings set aside for the purpose of long-term care. This is because few, if any, long-term care policies offer 100% coverage of daily care in nursing homes. Even if you are covered under a long-term-care insurance policy, you will most likely have to pay a portion of the nursing home bills. This is especially significant given the “90-day rule” or policy that most insurance packages offer. Given that many long-term-care insurance policies do not kick in until after the insured has spent 90 days in a nursing home facility, individuals wind up bearing the financial responsibility for any stay under 90 days.

Prescott Cole points out that this 90-day rule, paired with the statistic that 67% to 70% of seniors who enter nursing homes leave before 90 days, means that regardless of whether or not a senior has long-term-care insurance, they will probably have to pay out-of-pocket for their stay at a nursing home. Cole applies this instance to a more general argument against long-term-care insurance: the cost (typically $3,500 per year) is extremely high, while the benefits are low. In addition, Cole argues that the risk associated with long-term-care is low; today, only 3.7% of seniors are currently living in nursing homes. As an alternative to long-term insurance, Cole suggests that a person might begin early on to set aside the amount he or she would otherwise pay for long-term insurance into savings specifically for that purpose. That way, the individual would have a sizeable fund on which to draw should the need for long-term care arise.

Meiners counters that this proposed method could be risky if the cost of long-term-care eventually exceeds the amount of savings. Yet, Meiner also acknowledges that even with long-term insurance coverage, an individual may outlive or outspend that coverage, thereby acknowledging that not even a long-term insurance plan is an entirely safe bet.

An added consideration – especially to seniors considering long-term care insurance – is that of insurance scams and fraud. If you suspect that you or a loved one has been the victim of long-term care insurance fraud in California, contact the Evans Law Firm for a free and confidential consultation at 415-441-8669 or 1-888-50EVANS (3-8264). Or contact the Evans Law Firm by email at info@evanslaw.com

California Agent Arrested on Charges of Financial Elder Abuse

Life Health Pro

 Recently, a life insurance salesperson in Los Angeles was arrested on charges of fraud and elder abuse. This incident highlights the unfortunate prevalence of financial crime and abuses targeting seniors today. The best way to avoid long-term scams and fraud is to stay informed and do your research whenever buying or looking into long-term care or insurance. Depending on your financial bracket, it may be prudent to attempt to get Medi-Cal coverage rather than purchase a new insurance policy.

Two resources that are helpful regarding the quality and legitimacy of insurance companies in California are the California Department of Insurance and the California Partnership for Long-Term Care.

Make sure you are aware of the exact benefits you do and do not receive from every potential policy, and compare policies and prices before you select one. Similarly, be aware of the restrictions of each policy. Do not buy duplicate policies.

If you do decide to purchase a policy, fill out your own application to ensure the accuracy of all the information in it, and follow-up regularly to make sure you continue to receive updates regarding the status of your policy. Always pay your premiums by check or debit card, and make the checks payable to the insurance company instead of the individual agent. Keep track of all your documents and payments related to the policy, and avoid pressure to “upgrade” your policy once you have decided upon it.

Finally, if you suspect a scam or fraudulent behavior, contact the Department of Insurance to report it immediately. To report fraud in California, call 1-800-927-HELP.

In Los Angeles, California, life insurance agent Frank Conlon was arrested on charges of financial elder abuse. According to the California Department of Insurance (CDI), Conlon was charged with two felonies: defrauding seniors and embezzlement of funds over $1 million. Among the California Penal Code statutes he allegedly violated were those of elder abuse, grand theft, and fraud.

The CDI report and investigation shows that while working as a life insurance agent, Conlon allegedly diverted significant sums of premium funds from seniors who believed he was investing their money in life insurance and annuities purchases. Between September 2011 and the date of his arrest in spring 2012, Conlon allegedly embezzled over $1 million worth of funds from his clients, many of whom were unassuming senior citizens.

In addition, Conlon allegedly intentionally misled his clients with false documents from purported insurance companies, in order to make his clients believe that their money was sent to the insurance company.

Two victims who were Conlon’s clients, 82 and 86 years old, had entrusted funds to Conlon to purchase life insurance and annuities on their behalf. These victims ended up losing money that had been a substantial portion of their retirement funds. According to the CDI, Conlon diverted these funds and used them for his personal purposes, while the elderly victims were led to believe that their money was being invested in life insurance.

These two elderly citizens represent a small portion of elderly victims of financial abuse. It is all too often that we see insurance companies and agents take advantage of the vulnerabilities of old age. The arrest of Frank Conlon is a step in the right direction for elder abuse prevention in California and the rest of the country. Lawmakers, law officials, and citizens must be vigilant in avenging, but also in preventing elder financial abuse.

If you believe that you or a loved one has been the victim of financial elder abuse in California, contact the Evans Law Firm for a free and confidential consultation with a California lawyer at today at 415-441-8669 or toll-free at 888-50-EVANS. Or contact us by email at info@evanslaw.com .

In Northern California, seven citizens have brought a class action suit against eBay and PayPal corporations. In April 2010, a group of eBay online auction sellers filed a complaint against eBay and PayPal with allegations that the two corporations committed abuses of monopoly power, attempted monopolization for online payment, improper collection of shipping fees, and improper tying of two corporations. The result of these alleged actions are unfair and unavoidable fees for both sellers and buyers who use eBay.

The plaintiffs allege that since eBay acquired PayPal in 2002, the online auction site has rendered it effectively impossible for buyers and sellers to purchase items using any format other than PayPal. This effective impossibility – combined with the fact that eBay currently holds 90% of the national online auction market – leads the plaintiffs to claim that eBay and PayPal hold an unfair monopoly over online payment for auctions. These alleged facts also contribute to the allegation that eBay attempted to tie the use of its online services to PayPal’s online payment services.

According to allegations, after eBay acquired PayPal in 2002 the company moved to tightly restrict other acceptable forms of payment by doubling PayPal buyer protection and instituting a policy of paperless payments in 2008. The sellers who brought the case say that increased buyer protection for PayPal effectively removes buyer protection for all other methods of online payment – such as Google checkout, which survived for only three days after offering lower fees than PayPal. The paperless policy rendered cash, checks, and other forms of non-online payment inappropriate for transactions on eBay.

Plaintiffs claim that a result of these effective monopoly policies is the institution of high transaction and shipping fees without any alternative. With no choice but to use PayPal, eBay sellers must continue to pay high costs to sustain their markets, while buyers are made to pay higher fees for services than they might if they were allowed to use other forms of payment. The plaintiff sellers allege that they were required to pay additional fees of up to 3% and 30 cents per transaction. The tying claim relates to the fact that the PayPal is a subsidiary of eBay.

The case is ongoing in the United States District Court Northern District of California, San Francisco division. The class action nature of this suit means that thousands of eBay users in California and across the nation could be affected by the outcome. The Evans Law Firm has recently been retained as local counsel in this action. If you live in California and want to talk to a lawyer about these or other issues with eBay and PayPal, contact The Evans Law Firm by email at info@evanslaw.com or call at 888-503-8267.

Hundreds of Elder Abuse Cases in 2011
KULR-TV

Sarah Gravlee in Billings, Montana reports that the number of elder abuse cases is on the rise and will skyrocket over the next two decades. As the baby boomer generation enters into retirement, the number of senior citizens will rise, as will the number of senior citizens who fall prey to elder abuse.

These instances of abuse include physical and financial abuse. Examples of physical abuse include the refusal of family members or caregivers to pay for heat or electricity, leaving elder citizens cold and without power for months on end. In financial abuse cases, younger family members steal money from the elder’s Social Security checks.

According to this article, more than 1 million Americans over the age of 65 have been injured, exploited, or mistreated at some point by someone on whom they depended for care or protection.

While legal recourse is available for victims of elder abuse, a significant hurdle is the reluctance of victims to report the abuse. Denise Armstrong of Big Sky Senior Services says that only one in ten cases of elder abuse are reported; 90% are not. To respond to this crisis of secrecy, Big Sky Senior Services has begun educating the general public on issues of elder abuse. They have trained gatekeepers, bank tellers, meter readers, and mail carriers to detect and report instances of possible elder abuse. This new method of prevention provides allies in the community for potential victims of elder abuse, but does not diminish the importance of reporting abuse and seeking help. Instead, elderly victims should work with the community to report abuse in order to reduce the future number of abuses and victims.

 

Clayton Real Estate Agent Arrested for Financial Elder Abuse & Forgery
San Francisco Chronicle 

In Contra Costa last month, 63-year old real estate agent Walter Roberts was arrested and accused of forging his 92 and 85-year-old parents’ signatures on a Grant Deed. His parents neither knew about nor gave Roberts permission to sign their names on any document or check. The title in question is a home rental property in Concord, CA valued at over $300,000.

Roberts’ arrest was aided largely by the new “Fraud Notification Program” in Contra Costa County: a notification system that alerts homeowners as soon as title has been transferred. As part of the system, the County Recorder sends a letter to each homeowner in English and Spanish, and includes a hotline for the District Attorney’s Real Estate Fraud Unit. The Program is the first of its kind in Northern California.

This instance of elder abuse and forgery is just one more in a series of troubling cases in California and across the country. Yet, the publicity of this case is a testament to the success of the Fraud Notification Program. As more measures are instituted to inform home and property owners – especially the elderly – of the status changes to their property, it becomes easier for these individuals to take action to prevent and recover from theft, fraud, and abuse. For inquiries regarding financial or physical elder abuse in California, contact the Evans Law Firm for a free consultation.

Stronger Measures Needed to Curb Fraud by Medical Device Suppliers

Fraud and abuse from Medicare suppliers remains a problem for Medicare and Medicaid, says the Office of Inspector General (OIG) in Washington. In an examination that divided the suppliers into high, medium and low-risk categories, OIG found that 26% of the high and medium-risk suppliers and 2% of the low-risk suppliers had been placed on prepayment claims review or had their billing privileges revoked. Other suppliers had failed to provide necessary management information. Particularly egregious were the enrolled suppliers who had left out information about criminal histories or adverse legal action.

To combat and prevent the risk from dishonest and harmful suppliers, OIG recommends earlier and more frequent post-enrollment site visits to the suppliers, as well as appropriate follow-up regarding missing information on applications. The Centers for Medicare & Medicaid Services (CMS) say they have heeded this advice and have begun to implement measures that will lead to increased overall security.

Hopefully, increased action on the part of CMS will both rid the system of fraudulent suppliers and deter potential suppliers from following in the footsteps of unchecked wrongdoers. Ethical practices from medical suppliers should not only be hoped for, but expected. Resources are available in California to locate and combat fraudulent healthcare services.

This article is timely and very relevant for the thousands of senior citizens that are victimized every day by insurance companies and their agents. If you are an senior citizen and someone is attempting to sell you a financial or insurance product, including annuities, long term care insurance or a reverse mortgage (to name only a few of the problematic financial products), I recommend that you do the following:

1) take your time and thoroughly investigate what you are purchasing, there should be no rush. If the agent is claiming that it needs to be done quickly, that’s a red flag

2) inform your family and friends and get their independent advice

3) do an internet search to see if there have been lawsuits brought against the company or other public grievances

4) find out if the person visiting your house is an insurance agent, if he/she is and they didn’t give you written notice 24 hours before visiting you that discloses they are an insurance agent their actions violate Calfornia law

5) look the agent or company up on your state Department of Insurance’s website, in California go to http://www.insurance.ca.gov/license-status/

The above are just a few steps you can take to protect yourself from elder financial abuse.

See the full story here:  CNN Money Article

An Orange County parolee who stole more than $280,000 from an elderly woman, has been arrested.  The man, John Thomas Windsor, had been accused of defrauding the 93-year old blind and deaf woman.

According to prosecutors, Windsor moved into the elderly lady’s home without her knowledge, while his mother was a caretaker at the home.  At the time, he was on parole for domestic violence and fraud in Vermont.  Windsor tried to make the elderly woman sign over a power of attorney to him.  He also tried to change the trust, which included the victim’s house, in order to obtain a bank loan.  It was the bank which found Windsor was acting a bit suspicious, and notified Adult Protective Services.

He was arrested this week by the Newport Beach Police Department.  He has been charged with first-degree residential burglary, caretaker theft from an elder, fraudulent use of an access card and felony counts of forgery.  Unfortunately, the elderly woman who he tried to defraud, died in 2009 while investigations into the fraud were going on.

Such situations are far too familiar to California elder financial abuse lawyers.  The elderly are at a constant risk of financial fraud and abuse from people around them.  It could be insurance companies defrauding the elderly by failing to pay out long-term care policies after premium payments have been made.  It could be healthcare providers who overcharge the elderly.  It could be financial advisors who prey on the elderly and get rich at their expense.   The perpetrators of the abuse could be the victim’s own family and friends. 

According to a study by Duke University, approximately 9 million Americans aged 71 or above are at risk of financial abuse.  These elderly people may suffer from health issues that include Alzheimer's disease, dementia, mental impairment, and other health problems that could render them incapable of protecting their own interests.

 

What to look out for with Long Term Care Insurance

By Ingrid Evans, Attorney

The Evans Law Firm, www.evanslaw.com

For more information or to speak to an attorney, please contact info@evanslaw.com or call us toll free 888.503.8267 for a free and confidential consultation.

LONG-TERM CARE INSURANCE

Unscrupulous Agents Target Seniors for Improper Long-Term Care

Be careful of long-term facilities that do not meet your needs or are misrepresented. 

Insurers Raising Rates for Long Term Care Insurance So That It Becomes Cost Prohibitive and You are Forced to Lapse

Also, be careful of long term care insurance companies that are raising rates it cost prohibitive for you to continue owning a particular policy. 

Long-Term Care - What YOU Can do to Protect Yourself

There are a number of things you can do to protect yourself from fraud when selling your life insurance policy.

• Do Some Long Term Care Research
• Ask the financial professionals involved in your long term care policy about how long-term care works and how your settlement will help you. Make sure the policy is consistent with what the agent says. If the policy does not say it, then it does not exist and it will not help you.
• Ask for long term care consumer brochures.
• Ask the financial professionals involved in your long term care policy what their commissions will be.
• Consult an attorney if there is anything that seems suspicious or if your rates have been increased significantly, www.evanslaw.com or info@evanslaw.com
• Consult websites and resources related to senior financial planning to learn about long term care.
• Discuss your options with an independent financial planner.
• Always have a close friend or family member to consult with when making decision concerning financial products like life insurance. Most importantly, have a reputable financial planner review your long-term care policy to see if it is appropriate for you.
• Check Your Long-Term Care Insurance Agent's Credentials - Some resources you can use to research the broker:
  • State Departments of Insurance such as the California Department of Insurance
  • The internet - use any major search engine such as Google or Yahoo!

Watch out for life insurance agents who use phony certifications that misrepresent their actual qualifications. Sometimes more subtle tactics are used, but real scare tactics are effectively used because they motivate many seniors to buy coverage.

Long-term care policies pay the cost of the day-in, day-out care for a person with an acute or long-term illness or disability. Many seniors receive this care in nursing homes, but more effective and less expensive care at home and at adult day-care centers is growing in popularity, because it is less expensive and still provides the security of a longstanding home. That is the theory, but in practice long-term care policies are often riddled with loopholes that do not adequately protect a senior's life savings. Some policies have such strict disability criteria that many policyholders who need help do not qualify for benefits. Add to this cauldron of conflict the insurance company's sales commission structure. Insurance agents are loath to disclose policy pitfalls when it means risking the loss of a commission equal to life insurance commissions of 30 percent to 65 percent of the first year's premium, far more than the typical 10 percent commission many auto insurance agents earn.

Helpful Hits to Consider Before Purchasing a Long-Term Care Policy

• Always check with several companies and agents
  It is wise to contact several companies (and agents) before you buy. Be sure to compare benefits, the types of facilities you have to be in to receive coverage, the limitations of coverage, the exclusions, and, of course, the premiums.
• Take your time and compare outlines of coverage
  Never let anyone pressure or scare you into making a quick decision. Do not buy a policy the first time an agent comes calling. Ask the agent to give you an outline of coverage. The outline of coverage summarizes the policy's benefits and highlights important features. Compare outlines of coverage for several policies.
  • Understand the policies
  • What qualifies you for benefits? Some insurers say you must be unable to perform a specific number of the following activities of daily living: eating, walking, getting from bed to a chair, dressing, bathing, using a toilet and remaining continent.
  • What type of care is covered? Does the policy cover nursing home care? What about coverage for assisted living facilities that provide less client care than a nursing home? If you want to stay in your home, will it pay for care provided by visiting nurses and therapists? What about help with food preparation and housecleaning?
  • What will the benefit amount be? Most plans are written to provide a specific dollar benefit per day. The benefit for home care is usually about half the nursing home benefit. But some policies pay the same for both forms of care. Other plans pay only for your actual expenses.
  • What is the benefit period? It is possible to get a policy with lifetime benefits but this can be very expensive. Other options for coverage are from one to six years. The average nursing home stay is about two and a half years.
  • Is the benefit adjusted for inflation? If you buy a policy prior to age 60, you face the risk that a fixed daily benefit will not be enough by the time you need it.
  • Is there a waiting period before benefits begin? A 20 to 100 day period is not unusual.
• Do not be misled by advertising or endorsements by celebrities
  Most of these people are professional actors who are paid to advertise. They are not insurance experts.
• Accurately disclosing your medical history is extremely important
  Make sure you fill out the application completely and accurately. If an agent fills out the application for you, do not sign it unless you have read it and made sure that all of the medical information is correct. If information about the state of your health is misstated, incomplete, or wrong, the company will refuse to pay your claims and cancel your policy. For that reason you should always fully and completely explain the full extent of your medical condition.
• If you are unsure about any particular item be sure to state - Do not recall
  And as a catch-all to protect yourself, always refer the carrier to your doctors' records of the care provided to you and list the names and address of your doctors.
• Pay premiums automatically
  It may be a good idea to have premiums automatically deducted from your bank account and paid electronically by your bank. Should an illness delay or prevent paying your statements on time, your coverage will not lapse.

Keep the policy in a convenient place where you or anyone else can readily find it, and tell a trusted friend or relative where it is.

If you believe you have been a victim, consult an attorney.

For more information or to speak to an attorney, please contact info@evanslaw.com or call us toll free 888.503.8267 for a free and confidential consultation.

About The Evans Law Firm

The Evans Law Firm is a plaintiffs’ firm concentrating on elder abuse (physical and financial), consumer fraud class actions involving, particularly insurance and banking claims,  consumer product liability and personal injury/wrongful death cases, particularly asbestos-mesothelioma, pharmaceutical product liability, negligence personal injury claims, as well as qui tam (whistleblower/false claims) and employment discrimination litigation.

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