ATTORNEY NEWSLETTER Generally Consent Required Using Cameras to Monitor Care California Regulations For Camera Installation As a general rule, California requires 2-party consent for audio and video recordings.  See Cal. Penal Code §§ 632(recording confidential communications without consent is invasion of privacy) and 637.2(penalties on persons recording without consent for […]

ATTORNEY NEWSLETTER Complex Policies Not Easily Understood Return Calculations Complicated  Surrender Penalties, Increased Premiums, And Policy Lapses Evans Law Firm, Inc. generally cautions against indexed universal life insurance (IULs) for senior consumers because IULs are expensive, complicated, and tie up invested money for long periods of time.  One observer put […]

ATTORNEY NEWSLETTER Typical Victim Profiles Typical Financial Predator Profiles Recourse For Victims And Their Families Our health care system allows many people to live well into their 80’s and 90’s in the modern age.  But this same longevity can cause those living longer to rely on others for help in […]

ATTORNEY NEWSLETTER Misuse Of Power Attorney Examples Of Power Of Attorney Misuse  Recourse For Principals A power of attorney (POA) is a written document that gives an agent the legal authority to act for the principal who establishes the power of attorney. This designation may be used to open or […]

ATTORNEY NEWSLETTER Caregiver Marries Dementia Sufferer Misappropriates Up To $300,000 Of Funds Changes To Property Deed And Will California law presumes that gifts – made either during life or at death – by an elder or dependent adult to their care custodian[1] are the product of undue influence (a defined […]

ATTORNEY NEWSLETTER Defendant Allegedly Ran Scheme For Ten Years $32 Million In Losses To Elderly Investors Charges Of Financial Elder Abuse, Forgeries, And Theft Financial elder abuse can be limited to isolated transactions exploiting the elderly or can be a largescale fraud striking numerous elderly victims.  Seniors are often targets […]

ATTORNEY NEWSLETTER Caregiver Allegedly Stole From 95-Year-Old Patient Accused Of Cashing Forged Checks Bank Employee Reports Suspicious Activity Whenever a caregiver or other stranger is in a senior’s home there is a very real danger of theft, whether the caregiver comes through an agency or is a direct hire. The […]

ATTORNEY NEWSLETTER Aggressive Sales Tactics Inadequate Supervision And Omissions Of Important Information Misleading Sales Materials Annuity fraud takes place when seniors are sold annuity products they do not want or need. Insurance agents push these products because the sales generate substantial commissions and the carriers receive large premium payments. Evans […]

ATTORNEY NEWSLETTER What Kinds Of Fraud Does The IRS Target? Off-Shore Tax Avoidance Is A Primary IRS Target How An IRS Whistleblower Case Begins The Internal Revenue Service (IRS) pays rewards to individuals who blow the whistle on corporations and individuals who commit tax fraud.  I.R.C. § 7623(b).  Rewards generally […]

ATTORNEY NEWSLETTER Used Joint Account To Steal Advisor Transferred Money To Joint Account 60 Withdrawals For Advisor’s Benefit Totaling $668,000 Caregivers, financial advisors and others often cultivate a personal relationship with a senior deliberately in order to take advantage of the closeness and the sense of dependence and trust such […]