ATTORNEY NEWSLETTER
Victims Should Consider Civil Suits
Importance of Civil Cases
Remedies For Injured Seniors
Victims of financial elder abuse should not look solely to local law enforcement for redress from their financial abusers. While reporting any form of elder abuse to the authorities is important, victims and their families should consult private counsel for civil recovery against their abusers. One county grand jury, for example, recently found that authorities were not following through on reports to Adult Protective Services (APS) agency with actual prosecutions. We recommend any suspicion of elder abuse be reported to APS, the police and the District Attorney in the county where the victim lives. We also recommend that victims and their families should consult an elder abuse lawyer right away if they believe there is financial elder abuse going on. A civil case for redress of the wrongs suffered should be in tandem with any criminal investigation or prosecution. Evans Law Firm, Inc. fights for financial elder abuse victims in the San Francisco Bay Area and throughout California against those responsible for abuse. If you or someone you know is the victim of elder abuse here in the San Francisco Bay Area or elsewhere in California, call us today at 415-441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Important Remedies And Relief
Remedies and relief for victims and their families under the California Elder and Dependent Adult Civil Protection Act (Cal. Welf. & Inst. Code § 15600 et seq. and the California Probate Code include:
First: A plaintiff /victim is authorized to seek the provisional remedies of attachments and protective orders pursuant to the Elder Abuse Act. Cal. Welf. & Inst. Code § 15657.01 (writ of attachment), 15657.03 (protective orders). If real property is involved, plaintiff can record a lis pendens (notice of pending action) on the property. C.C.P. § 405.20 et seq. Plaintiffs should be aware, however, that they may be liable for attorneys’ fees and costs if any of these preliminary steps were improperly taken or not justified.
Second: Wrongful taking of an elder’s property or misuse of an elder’s Power of Attorney means the offender must restore twice the value of the property taken to the senior. Probate Code §§ 859 (taking an elder’s individual or trust property) and 4231.5(c)(wrongful use of a Power of Attorney to take an elder principal’s property).
Third: If an abused elder shows financial abuse by a preponderance of the evidence, an award of attorneys’ fees and costs is mandatory. Cal. Welf. & Inst. Code § 15657.5. Any person who misuses a senior’s Power of Attorney is also liable for attorneys’ fees and costs. Probate Code § 4231.5(c).
Contact Us
If you or a loved one been the victim of financial elder abuse in the San Francisco Bay Area and throughout California, contact Evans Law Firm, Inc. and Ingrid M. Evans at (415) 441-8669, or toll-free at 1-888-50EVANS (888-503-8267)or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with all types of elder abuse, including physical and financial elder abuse, investment and securities fraud and annuity fraud. We can help guide your case through a jury trial, or toward an equitable settlement. We handle cases involving physical and financial elder abuse, qui tam and whistleblower law, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
