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 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 What is a financial power of attorney? Financial powers of attorney (POAs) grant full authority over a person’s financial affairs. The form for financial POA is found in California statutes. See Cal. Prob. Code §§ 4401 et seq. (statutory form for financial POA). A financial power of attorney […]

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

ATTORNEY NEWSLETTER What is a financial power of attorney? Financial powers of attorney (POAs) grant full authority over a person’s financial affairs. The form for financial POA is found in California statutes. See Cal. Prob. Code §§ 4401 et seq. (statutory form for financial POA).  A financial power of attorney […]

ATTORNEY NEWSLETTER What is meant by the legal term “capacity”? The legal term “capacity” is akin to the layperson’s idea of competence.  Minors, for example, are incompetent, or lack capacity, to sign legal documents.  Cal. Probate Code § 6100 et seq.  For adults,  person’s mental health and intellectual functioning are […]