ATTORNEY NEWSLETTER What is meant by the legal term “capacity”? A person’s mental health and intellectual functioning are central to their ability to sign a legal document. This is known in the law as a person’s “capacity” to do certain things.  Capacity questions can arise for any person, but they […]

ATTORNEY NEWSLETTER Case Example Of Caregiver Fraud Stolen Funda Allegedly Used For Trips Protecting Older Loved Ones From Caregiver Theft Any taking of a senior’s property, or any assistance in that taking is a crime and grounds for civil liability of the person doing the taking and anyone assisting him […]

ATTORNEY NEWSLETTER What is financial elder abuse? California broadly defines what constitutes financial elder abuse: (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 […]

ATTORNEY NEWSLETTER Reach Out To Senior Loved Ones Participating In Older Loves Ones’ Lives Happy Memorial Day 2026!  We at Evans Law Firm wish you a happy and safe holiday as summer and beach season officially begin!  We hope you spend time with loved ones and friends this summer.  We […]

ATTORNEY NEWSLETTER Caregiver Allegedly Steals Victim’s Debit Card Alleged “Spree” Totaling 15 Unauthorized Charges Remedies For Seniors And Their Families Unauthorized use of seniors’ credit and debit cards is a common type of fraud perpetrated on seniors by dishonest caregivers or other strangers with access to an elderly person’s cards.  […]

ATTORNEY NEWSLETTER Why are powers of attorney important to have? Estate planning in all its varieties comes down to protecting you, your spouse, and your children and grandchildren after you die but also as you age.  A Power of Attorney can protect you while you’re alive but no longer able […]

ATTORNEY NEWSLETTER What is a financial power of attorney? Financial powers of attorney (POAs) grant full authority over a person’s financial affairs. The form for financial POA is found in California statutes. See Cal. Prob. Code §§ 4401 et seq. (statutory form for financial POA). A financial power of attorney […]

ATTORNEY NEWSLETTER What are deferred annuities? Deferred annuities are contracts where the policy holder makes an upfront premium payment in exchange for an income stream in years to come.  The concept sounds simple enough but in fact deferred annuities, like fixed indexed annuities, are extremely complicated life insurance contracts sometimes […]

ATTORNEY NEWSLETTER What is caregiver fraud? Caregiver fraud is a recurring form of financial elder abuse perpetrated on seniors by dishonest in-home caregivers or caregivers working in assisted care and skilled nursing facilities.  The fraud tends to start out relatively small – theft of a small amount of cash or […]

ATTORNEY NEWSLETTER 21 Individuals Charged With Fraud And Other Crimes $267 Million Allegedly Received For Hospice Services Never Rendered Handguns and $750,000 In Cash Seized Private citizens and businesses help the government recover billions every year in cases of fraud against the government. The private citizens and businesses assisted the […]