Yearly Archives: 2021

ATTORNEY NEWSLETTER Allegations Of Unauthorized Credit Card Use And Forgery Family Discovers Financial Irregularities Caregiver Allegedly Increased Reverse Mortgage Balance As we have written before, every time a stranger or caregiver enters the home of an elderly person there is a risk of financial elder abuse.  We have seen cases […]

ATTORNEY NEWSLETTER Rising Premiums And Low Returns Of Universal Life Insurance Potentially Misleading Policy Illustrations Limitations On Growth Insurance agents often sell Indexed Universal Life Insurance as a tax-deferred estate planning investment, using the same sales pitch agents often use for deferred annuities. We recommend against indexed universal life insurance […]

ATTORNEY NEWSLETTER Felony Abuse Charge Untreated Pressure Wound Failure To Notify Physician And Family Physical abuse and neglect of elders is a crime, Cal. Penal Code § 368.  Elder physical abuse and neglect are also the bases for civil actions for damages. See Cal. Welf. & Inst. Code §§ 15610.63 […]

ATTORNEY NEWSLETTER Stopping Trustee Theft  Removal And Surcharge Remedies Appointing Successors Many Californians, especially seniors, create trusts to hold their assets, and there is a whole division of the California Probate Code that governs trusts.  See Cal. Probate Code §§ 15000-19530.  The individual creating the trust, referred to as the […]

ATTORNEY NEWSLETTER Jail Sentence For Defrauding Seven Seniors Caregiver’s Third Conviction For Financial Elder Abuse Investigation Lasted Twenty Months Financial elder abuse is sometimes a single event or transaction but more commonly it is a sustained scheme playing out over time. Either way, each and every act of financial elder […]

ATTORNEY NEWSLETTER Overpaying Physicians As Form Of Illegal Kickback Internal Audit Director Blows Whistle Whistleblower Will Receive 15-30% of $21.25 Million Healthcare providers in the U.S., including hospitals and clinics, are subject to a number of statutes to prevent any fraudulent billing under government programs like Medicare and Medicaid.  When […]

ATTORNEY NEWSLETTER Transfers Out Of 73-Year-Old Client’s Account Money Withdrawn For Personal Use Advisor Faces Up To 20 Years In Prison Access to a senior’s bank or investment account is an irresistible temptation for unscrupulous advisors and brokers.  Sometimes the advisor is a new acquaintance of the senior but sometimes […]

ATTORNEY NEWSLETTER Charges Of Theft Of Over $400,000 Victim’s Daughter Blew Whistle Leading To Audit Holding Fiduciaries Accountable Conservators and other Court-appointed protectors for elder and dependent adults are chosen and appointed to protect persons who are unable to provide for their own needs.  Court appointments supersede earlier Powers of […]

ATTORNEY NEWSLETTER What Are Bedsores? Causes And Symptoms Recourse For Abuse Or Neglect Bedsores, also known as decubitus ulcers or pressure sores, occur when the skin’s blood flow is cut off.  Older people (such as those living in nursing homes) are at a higher risk of bedsores as many of […]

ATTORNEY NEWSLETTER Understanding How Deferred Annuities Work High Fees And Low Returns Years Of Withdrawal Penalties An annuity is a contract between you and an insurance company. With a deferred annuity, you pay for the annuity through a lump sum or multiple premium payments, and the company promises to pay you […]