Category: Elder Financial Abuse

ATTORNEY NEWSLETTER What does the legal term “neglect” of an elderly person mean? Neglect is a particular form of elder abuse in California. “Neglect,” as defined in the Elder Abuse Act, includes: (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. (2) Failure to provide […]

ATTORNEY NEWSLETTER Are there annual fees insurers charge in life insurance policies? Yes.  Most insurance carriers charge certain fees and expenses in each year of an indexed universal life insurance policy.  Sometimes these fees are referred to as cost of insurance (“COI”) or mortality rates or similar names.  COI rates […]

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 is meant by the legal term “capacity”? The legal term “capacity” is akin to the layperson’s idea of competence.  Minors, for example, are incompetent, or lack capacity, to sign legal documents.  Cal. Probate Code § 6100 et seq.  For adults,  person’s mental health and intellectual functioning are […]

ATTORNEY NEWSLETTER What are Riders To Annuity Contracts? Riders are attachments to deferred annuities sold by life insurance agents or retirement planners or other advisors as enhanced benefits to any proposed annuity policy. Riders come with an additional fee added to your base premium.  Available riders include income riders, long-term […]

ATTORNEY NEWSLETTER What are financial powers of attorney? Financial powers of attorney (POAs) are legal instruments that grant full authority over a person’s financial affairs, and medical powers of attorney, known in California as an Advance Health Care Directives (AHCDs), grant authority over medical decisions and health care issues. The […]

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 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 What is a deferred annuity? Deferred annuities are life insurance 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 […]

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 […]