Category: Evans Law Firm

ATTORNEY NEWSLETTER New Law Addresses Spoliation Of Evidence Lower Evidentiary Bar In Cases Involving Spoliation Spoliation (deleting, destroying or altering evidence) is a big concern in elder abuse cases.  According to the editorial board of the Sacramento Bee some years ago, a survey of 150 elder abuse cases found, for […]

ATTORNEY NEWSLETTER Broad Authority Over All Financial Matters Risk Of Theft Remedies For Injured Seniors Powers of Attorney (POAs) are important and powerful legal documents that grant the agent appointed under the POA full legal authority to act for the principal who executes the POA.  There are powers of attorney […]

ATTORNEY NEWSLETTER Unauthorized Credit Card Use Victim’s Family Spots Suspicious Charges Protecting Older Loved Ones From Financial Elder Abuse Stealing a senior’s debit or credit cards and making unauthorized charges are a common form of financial elder abuse.  Whenever a dishonest caregiver or other stranger enters a senior’s home or […]

ATTORNEY NEWSLETTER Case Example Alleged Theft Of Victim’s Home Protecting Seniors From Caregiver Fraud Often, financial elder abuse by starts out relatively small. But if the individual stealing an elder’s funds, like a dishonest caregiver with access to a senior’s money for example, senses he or she is getting away […]

ATTORNEY NEWSLETTER Self-Dealing With Older People’s Property Case Examples Remedies For Injured Seniors Financial powers of attorney (POAs) 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. […]

ATTORNEY NEWSLETTER Theft From Seniors By Dishonest Caregivers Case Examples Protecting Older Loved Ones From Financial Elder Abuse All seniors (persons over 65) are potential victims of financial elder abuse, but seniors under the care of in-home caregivers are especially vulnerable when a dishonest person is in their home with […]

ATTORNEY NEWSLETTER Allegedly Used Fake POA To End Life Support Accused Of Murder And Theft Of Victim’s Home And Money Protecting Older Loved Ones From Caregiver Fraud/Caregiver Theft Whenever a dishonest caregiver gains access to any confidential financial information of an elderly person, there is a risk that they will […]

ATTORNEY NEWSLETTER Disadvantages Of Deferred Annuities For Seniors Exiting Annuity Contracts Is Costly Sales Commissions, Fees, And Withdrawal Penalties Whenever an insurance agent or financial advisor of any kind suggests an indexed annuity for you, be wary, especially if you are retired or nearing retirement.  Indexed annuities, like most deferred […]

ATTORNEY NEWSLETTER Important Elder Protections Under The Law Provisional Remedies To Protect Seniors Attorneys’ Fees Awards Financial elder abuse is a crime and grounds for a civil lawsuit in California.  See Cal. Penal Code § 368 (crime of elder abuse) and Cal. Welf. & Inst. Code § 15610.30 (definition of […]

ATTORNEY NEWSLETTER Case Example Of Caregiver Fraud Dementia Victim Protecting Seniors From Caregiver Fraud While theft from any person is a crime, when the victim is over 65 any theft is also criminal financial elder abuse and grounds for civil liability against the person who took the property.  According to […]