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 Caregiver Allegedly Goes On Spree With Seniors’ Debit Card 15 Unauthorized Charges Remedies For Seniors And Their Families 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 Can I use a surveillance camera to protect an elderly loved one? Yes. Cameras may be installed in a senior’s home to protect them. Using surveillance cameras to protect seniors involves balancing safety with personal dignity. Key options to consider include: indoor pan-and-tilt models for common areas, AI-enabled […]

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 are the types of financial powers of attorney? Financial powers of attorney can be either a durable power of attorney which is effective immediately upon execution or a “springing” power of attorney which is effective immediately upon the incapacity of the principal.  The basic POA form is […]

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 What are illegal medical kickbacks? Kickbacks to physicians for patient referrals are illegal, whether the referral is to a clinic, hospital, lab, nursing home, hospice program or any other health care provider. When the patients are covered by Medicare or other government payment programs, these kickbacks also constitute […]

ATTORNEY NEWSLETTER Are there annual fees insurers charge in universal life insurance policies? Yes.  Most insurance carriers charge certain fees and expenses in each policy year of a universal life insurance policy.  Sometimes these fees are referred to as cost of insurance (“COI”) or mortality rates or similar names.  COI […]

ATTORNEY NEWSLETTER Are dependent adults in group homes vulnerable to sexual abuse? Yes. Abuse in residential care facilities is more widespread than many people believe. According to data from The Disability and Abuse Project, a Los Angeles-based organization dedicated to combating abuse of people with developmental or intellectual disabilities, 70% of […]

ATTORNEY NEWSLETTER What’s the problem with a free steak dinner or lunch? Insurance carriers, marketing groups and agents are creative in the ways they sell life insurance and annuity products to senior citizens.  One recurring example is the free lunch or free steak dinner invite.  A free meal is always […]