Category: Elder Financial Abuse

ATTORNEY NEWSLETTER Misuse Of Power Of Attorney Over Annuity Six Unauthorized Withdrawals Totaling $120,000 Sentenced To Two Years Probation And Ordered To Pay Restitution To Heirs Individuals with powers of attorney (POAs) for someone else have full legal authority over that person’s financial affairs, unless the instrument limits their power […]

ATTORNEY NEWSLETTER Agents Target Seniors To Buy Annuities Annuities Aer Expensive And Tie Up Your Money For Years Substantial Penalties For Withdrawals During Early Contract Years Evans Law Firm, Inc. recommends seniors avoid deferred annuities because deferred annuity contracts are expensive and complicated and tie up a senior’s money for […]

ATTORNEY NEWSLETTER Years Of Checks Written To The Caregiver Caregiver Was Unlicensed And Had Prior Criminal History Caught Trying To Cash Large Check Day After Senior Dies Older victims lose more than $3 billion annually as a result of financial elder abuse, according to FBI and National Institute of Justice […]

ATTORNEY NEWSLETTER Misappropriation Of Fiduciary Property Alleged Unauthorized Use Of Credit Cards And Blank Checks Victim’s Son Reported Suspicions Powers of attorney (POAs) grant the agents appointed under them full legal authority to act for the principal who executes the POA.  The scope of the appointed attorney-in-fact’s powers is set […]

ATTORNEY NEWSLETTER Criminal Theft And Breach Of Duty Civil Remedies Of Removal And Damages Enhanced Remedies Under Elder Abuse Act Many Californians, especially seniors, create trusts to hold their assets.  Laws under the California Probate Code govern these trusts.  See Cal. Probate Code §§ 15000-19530.  The individual creating the trust, […]

ATTORNEY NEWSLETTER Allegedly Cashed Out Life Insurance Unauthorized Withdrawals From Joint Account Accused Of Forging Elder’s Signature On Checks According to FBI and National Institute of Justice statistics, older Americans and their families lose more than $3 billion annually as a result of financial elder abuse. While theft from any […]

ATTORNEY NEWSLETTER Be Wary Of Sales Presentations Seminars And Other Questionable Sales Tactics Understand How Annuities Work  Every time an insurance agent or broker sells an annuity (or talks a consumer into exchanging one he or she already has), the agent receives a significant sales commission.  Most commissions on annuities […]

ATTORNEY NEWSLETTER Caregiver Pleads Guilty To 11 Felonies Surveillance Camera Catches Alleged Theft Of Cash Victims In Assisted Care Facility Whether living at home under the care of an in-home caregiver or living in an assisted care facility or skilled nursing facility, older persons are at risk of abuse and […]

ATTORNEY NEWSLETTER 73-Year-Old Victim Theft From Joint Account With Victim Over $600,000 In Unauthorized Withdrawals Financial abuse is a common problem with elderly people for many reasons. Sometimes, elder abusers may be suffering from mental impairments such as Alzheimer’s or dementia. These health issues can be exploited by the perpetrator to take […]

ATTORNEY NEWSLETTER Insurance Agent Sentenced For Investment Fraud Targeting Seniors Misrepresentations About Highly Speculative Investments 20-70% Of Money Received Pocketed As Fees Unscrupulous insurance agents, financial advisors, brokers and investment promoters seize on older investors’ anxiety about inflation and soaring health care costs to offer investments that promise above-market returns […]