Category: Evans Law Firm

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 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). Why are financial powers of […]

ATTORNEY NEWSLETTER What is a deferred annuity? Deferred annuities are contracts where the policy holder makes an upfront premium payment in exchange for an income stream in years to come.  Are deferred annuity policies complicated? Yes.  While the concept of deferred annuities sounds simple enough, deferred annuity policies, like fixed […]

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 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 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 What is nursing home abuse? Sadly, seniors in assisted care facilities and nursing homes are at risk of abuse and neglect by the very individuals paid to care for them. Stories of intentional abuse of seniors in these settings are hard to read but abuse is a real […]

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 […]