ATTORNEY NEWSLETTER
Four Years Of Dependent Financial Abuse Alleged
Allegations Of Insurance Fraud
Prison Sentence And Restitution
All seniors are potential victims to financial predators, including bookkeepers, insurance agents and other salespeople, bankers, trustees, conservators, financial advisors, brokers, caregivers, contractors, second spouses, stepchildren, girlfriends or boyfriends and anyone who holds a power of attorney for the senior. Financial elder abuse causes billions of dollars of losses to older Americans and their families every year. In many cases, the results are devastating. Whatever the form or amount, financial elder abuse is a crime and a basis for civil lawsuits to recover from the abuser. See Cal. Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse for civil liability). California broadly defines 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 for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
Cal. Welf. & Inst. Code § 15610.30.
Evans Law Firm, Inc. represents seniors here in San Francisco and throughout California who suffer financial elder abuse at the hands of insurance agents, caregivers or others who have defrauded a senior or have misused their access to a senior’s money and taken money for themselves. If you or an older loved one have been the victim of financial elder abuse in Los Angeles or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Woman Sentenced For Dependent Adult Financial Abuse And Insurance Fraud
In a recently reported case,[1] a woman has been ordered to pay nearly $18,000 in restitution for her conviction on charges of mistreatment of an elder person and insurance fraud.
The details of the crimes are described in Court documents. Between June 8, 2015, and Sept. 19, 2019, the woman reportedly took the personal property or financial resources of a dependent adult, with the value of the resources being between $1,500 and $25,000, according to court records. On or about Jan. 11, 2021, the woman also reportedly submitted a claim for cancer insurance benefits with an insurance carrier, along with altered medical records falsely stating she had been diagnosed with cancer. The amount involved was between $5,000 and $25,000, according to court records.
Protecting Older Loved Ones
To safeguard your older loved one from financial abuse, review all financial records and bills continually. You need to review all of an older person’s accounts, not just their checking account. As the reported case illustrates, money can be diverted from insurance policies, premium payments, and also retirement, pension and annuity benefits. Accompany older loved ones to any meetings they have with insurance agents, financial advisors, or planners. Do not let them sign over any benefits or write any checks without your oversight. Unscrupulous insurance agents, advisors and others prey on seniors quickly. One meeting alone can be disastrous. Discourage them from attending free lunch seminars and other high-pressure sales gatherings. Most importantly – never ever allow the senior to give a caregiver, insurance agent or advisor a Power of Attorney or a blank check. If you suspect abuse, call elder law counsel to help you pursue all available remedies against anyone responsible for abuse, including an award of attorneys’ fees and costs for bringing your suit.
Contact Us
If you or someone you love is the victim of any type of financial elder abuse in Los Angeles or elsewhere in California, call Ingrid M. Evans at Evans Law Firm, Inc. at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the case in any way.
