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Jan 12, 2018 by |

San Francisco and California Financial Elder Abuse Attorney: Elder Abuse Prevention

ATTORNEY NEWSLETTER

Elder Abuse in San Francisco

Financial elder abuse is a growing epidemic in this country and San Francisco is no exception. Every day in our city the elderly are exploited financially, most often by persons they know.  Nationally, financial elder abuse costs elderly Americans over $30 billion a year and the toll on seniors and their families in our city is great too. The San Francisco and California elder abuse attorneys at Evans Law Firm Inc. represent seniors subjected to financial or physical elder abuse in our city and throughout the State of California. As a new year begins, we want to share some thoughts below on preventing abuse.  If you or a loved one has been the victim of fraud or financial elder abuse in San Francisco or elsewhere in California call us today at (415)441-8669 and we can help. California’s Elder Abuse and Dependent Adult Civil Protection Act defines elder financial abuse broadly, reaching not only fiduciaries, but also any person or entity who “takes, secretes, appropriates, or retains real or personal property of an elder or a dependent adult for a wrongful use or with intent to defraud, or both.” The law also applies to anyone who helps someone else commit these acts. California allows plaintiffs to recover attorney fees and costs, punitive damages, and treble damages under certain circumstances.California’s Elder Abuse and Dependent Adult Civil Protection Act defines elder financial abuse broadly, reaching not only fiduciaries, but also any person or entity who “takes, secretes, appropriates, or retains real or personal property of an elder or a dependent adult for a wrongful use or with intent to defraud, or both.” The law also applies to anyone who helps someone else commit these acts. California allows plaintiffs to recover attorney fees and costs, punitive damages, and treble damages under certain circumstances.

 The California Elder Abuse and Dependent Adult Civil Protection Act defines financial elder abuse broadly: any person or entity who “takes, secretes, appropriates, or retains real or personal property of an elder or a dependent adult for a wrongful use or with intent to defraud, or both. The law also applies to anyone who “assists” someone else commit these acts.  California allows injured seniors and dependent adults to recover attorneys’ fees and costs, punitive damages, and treble (triple) damages under certain circumstances. We at Evans Law Firm always recommend that victims and their loved ones report abuse to law enforcement agencies such as Adult Protective Services.  Reporting is important but you should also pursue the additional remedies California law provides.  Mandatory awards by the court of attorneys’ fees and costs to victims in successful elder abuse cases ease the financial burden of bringing a civil lawsuit.  If you or a loved one is the victim of financial elder abuse in San Francisco or elsewhere in California call us today at (415)441-8669.

How to Prevent Financial Elder Abuse

Isolation is the biggest danger for seniors.  A dependent, isolated senior is particularly susceptible to manipulation and fraud.  We have seen caregivers, insurance agents, advisors, contractors, agents under Powers of Attorney and door-to-door scammers, sometimes even posing as local officials, financially abuse lonely seniors.  We at Evans Law Firm want to offer some tips on prevention.  First and foremost, stay involved in your beloved senior’s life.  Check in unannounced, keep an eye on their belongings and money, know who’s coming and going, call frequently and always speak directly to your loved one.  Don’t let someone else keep them from the phone.  Don’t give a Power Of Attorney to anyone unless it is absolutely necessary and you trust the agent completely.  If your loved one needs help you cannot provide, do background checks on anyone they hire and drop in as much as you can while the caregivers are on the scene.  Monitor the senior’s bank accounts and credit cards and make sure their valuables are safely stored away.  Be at any meeting or discussions about financial matters they may have with anyone else.  Encourage old friends and other family members to check in too. You can’t do it all, but stay as involved as you can.

Contact Us

If you or a loved one been the victim of elder abuse in San Francisco or elsewhere in California, contact Ingrid Evans and the other San Francisco and California elder abuse attorneys at the Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with complex financial contracts, such as annuities and life insurance, and large insurance companies and cases involving Powers of Attorney, trusts, wills, and other legal instruments. We can help guide your case through a FINRA Arbitration, 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.

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