Category: Evans Law Firm

ATTORNEY NEWSLETTER What are illegal medical kickbacks? Kickbacks to physicians for patient referrals are illegal, whether the referral is to a clinic, hospital, lab, nursing home, hospice program or any other health care provider. When the patients are covered by Medicare or other government payment programs, these kickbacks also constitute […]

ATTORNEY NEWSLETTER How are seniors financially abused by caregivers? Dishonest persons with access to an older person’s money, bank accounts or confidential information may take advantage of that access to wrongfully take a senior’s money or property,. If they do so, they are stealing and committing the additional crime of […]

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 How do dishonest investment advisors target seniors? Seniors are often targets of various kinds of investment fraud or securities fraud including Ponzi schemes, where money collected from new investors is used to pay existing investors, and there really is no actual investment of funds. Like the infamous Bernie […]

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 How do caregivers defraud seniors? Caregivers can defraud seniors in a variety of ways but falsification of time sheets by paid caregivers is one of the ways dishonest caregivers financially exploit older persons. Altering their paychecks to make them greater is another.  Using debit and credit cards repeatedly […]

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 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 the definition of financial elder abuse in California?   California broadly defines what constitutes financial elder or dependent adult 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 […]

ATTORNEY NEWSLETTER What does “elder abandonment” mean? Abandonment of an elder or dependent person is a particular form of elder/dependent adult abuse in California. “Abandonment,” as defined in the Elder Abuse Act, includes: “Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having […]