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 […]

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 Multiple Perpetrators Charged With Fraud Government Alleges Hospice Services Never Rendered Defendants Accused Of $267 Million Fraud Private citizens and businesses help the government recover billions every year in cases of fraud against the government. The private citizens and businesses assisted the government in recovering these funds by […]

ATTORNEY NEWSLETTER Understand The Disadvantages Of Deferred Annuities Deferred Annuities Are Complicated Life Insurance Contracts Withdrawal Penalized In Early Years 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 […]

ATTORNEY NEWSLETTER What Does The Law Mean By “Capacity”? Capacity For Wills And Trusts Financial Elder Abuse And Incapacity 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. […]

ATTORNEY NEWSLETTER Accused of Unauthorized Use Seniors’ Debit Card Multiple Unauthorized Charges Alleged Protecting Seniors From Caregiver Theft And Fraud 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 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 […]