Category: financial elder abuse

ATTORNEY NEWSLETTER Trustee Theft And Other Breaches Of Duty Removal And Other Remedies  Elder Abuse Act Remedies For Financial Elder Abuse Trusts are important estate planning tools to establish distribution of income and assets during life and after death.  The individual creating the trust usually acts as his or her […]

ATTORNEY NEWSLETTER Business Manager Allegedly Wrote Resident’s Checks To Herself Appropriation Of Government Benefits False Adjustments In Residents’ Accounts Just like seniors under the care of unscrupulous caregivers in their own home, elderly residents of nursing homes are also at risk of financial elder abuse from financial predators within the […]

ATTORNEY NEWSLETTER Suit Alleges Suspicious Wire Transfers, Cash Withdrawals And Advances Victim Allegedly Lost $370,000 Fraudulent Wires And Transfers Allegedly Executed At Six Bank Branches Seniors can be victims of theft and financial elder abuse in single transactions or may be victimized by an entire series of fraudulent transactions or […]

ATTORNEY NEWSLETTER Unethical Agents And Aggressive Sales Tactics Deliberate Omissions Of Important Information False Promises And Misrepresentations Evans Law Firm, Inc. recommends against annuities for older consumers because they are expensive and complicated and because these contracts tie up a senior’s money for years. Deferred annuities impose significant surrender penalties […]

ATTORNEY NEWSLETTER Questionable Sales Tactics Targeting Seniors Deferred Annuities Are Illiquid, Expensive And Poor Performing “Teaser” Interest Rates And Unsuitable Exchanges Deferred annuities contracts are expensive and complex insurance policies.  Deferred annuities are not investments in index funds despite labels like indexed annuities.  Evans Law Firm, Inc. recommends against annuities […]

ATTORNEY NEWSLETTER What Seniors Need To Know Do Not Be Pushed Into An Annuity Watch Out For Surrender Charges If you are a senior, someone may offer to sell you an annuity. Agents may be aggressive in sales tactics and try to pressure you.  Do not allow yourself to be […]

ATTORNEY NEWSLETTER Using A Power Of Attorney To Steal Abusers Revoke Prior Powers Recourse For Victims And Their Families Powers of Attorney (POAs) can cover financial matters and also health and personal care matters and medical needs.  The California Probate Code provides standard forms for both types of POAs.  See […]

ATTORNEY NEWSLETTER Understanding The Disadvantages Of Annuities Tax Consequences Withdrawal Penalties And Taxation Evans Law Firm, Inc. recommends against deferred annuities for older consumers.  In the firm’s practice we have seen older consumers lose money as the result of high sales commissions, annual fees and rider fees; returns on premiums […]

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 for damages under California law.  See Cal. Penal Code § 368 (crime of elder abuse) and Cal. Welf. & Inst. Code § […]

ATTORNEY NEWSLETTER Transfers Out Of 73-Year-Old Client’s Account Money Withdrawn For Personal Use Advisor Faces Up To 20 Years In Prison Access to a senior’s bank or investment account is an irresistible temptation for unscrupulous advisors and brokers.  Sometimes the advisor is a new acquaintance of the senior but sometimes […]