Category: San Francisco elder abuse

ATTORNEY NEWSLETTER What does the legal term “neglect” of an elderly person mean? Neglect is a particular form of elder abuse in California. “Neglect,” as defined in the Elder Abuse Act, includes: (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. (2) Failure to provide […]

ATTORNEY NEWSLETTER What is meant by the legal term “capacity”? A person’s mental health and intellectual functioning are central to their ability to sign a legal document. This is known in the law as a person’s “capacity” to do certain things.  Capacity questions can arise for any person, but they […]

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 Why are powers of attorney important to have? Estate planning in all its varieties comes down to protecting you, your spouse, and your children and grandchildren after you die but also as you age.  A Power of Attorney can protect you while you’re alive but no longer able […]

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 Older Victim Suffers Various Forms Of Abuse Case Example Of Multiple Charges Pursuing Responsible Parties Incidents of caregiver abuse often involve both physical abuse or neglect and financial elder abuse.  In certain types of cases, physical abuse or neglect of a senior can be part of a financial […]

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 Isolation And Economic Insecurity History Of Discrimination Consumers lost more than $5.8 billion to financial elder abuse and fraud last year, up 70 percent from 2020, according to the Federal Trade Commission (FTC).  While anyone of any age can be victimized by financial abuse, some groups may be […]

ATTORNEY NEWSLETTER Case Example Of Alleged Caregiver Fraud Authorities Say Caregiver Had Prior Criminal History Family Detects Fraud After Loved One’s Death Financial elder abuse has become a national epidemic. As many as one in 10 vulnerable adults are potential targets, according to federal officials, and their financial predators are […]

ATTORNEY NEWSLETTER Forms Of Elder Abuse How To Spot Neglect And Abuse Protecting Older Loved Ones From Abuse And Neglect The National Council on Aging says up to five million older Americans are abused yearly, and the annual loss by victims of financial elder abuse is estimated to be at least $36.5 […]