ATTORNEY NEWSLETTER Misuse Of Power Of Attorney Over Annuity Six Unauthorized Withdrawals Totaling $120,000 Sentenced To Two Years Probation And Ordered To Pay Restitution To Heirs Individuals with powers of attorney (POAs) for someone else have full legal authority over that person’s financial affairs, unless the instrument limits their power […]

ATTORNEY NEWSLETTER Agents Target Seniors To Buy Annuities Annuities Aer Expensive And Tie Up Your Money For Years Substantial Penalties For Withdrawals During Early Contract Years Evans Law Firm, Inc. recommends seniors avoid deferred annuities because deferred annuity contracts are expensive and complicated and tie up a senior’s money for […]

ATTORNEY NEWSLETTER Nursing Home Residents At Risk Of Abuse And Neglect Warning Signs Of Neglect Or Abuse Reporting Abuse And Seeking Legal Help Discovering that a loved one has been the victim of abuse in a nursing home facility can be shocking. We trust these facilities to treat our loved […]

ATTORNEY NEWSLETTER False Claims Act Whistleblower Protections Who And What Is Protected? What Acts Of Retaliation Are Prohibited And What Are An Employee’s Remedies? The False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., protects employees, contractors, and agents who engage in protected activity from retaliation in the form of their […]

ATTORNEY NEWSLETTER Years Of Checks Written To The Caregiver Caregiver Was Unlicensed And Had Prior Criminal History Caught Trying To Cash Large Check Day After Senior Dies Older victims lose more than $3 billion annually as a result of financial elder abuse, according to FBI and National Institute of Justice […]

ATTORNEY NEWSLETTER Allegations Of Kickbacks To Physicians For Drug Purchases Allegedly Paid Cash Bonuses To Physicians Realtors Will Share $2.6 Million Reward Kickbacks paid by drug manufacturers or distributors and pharmacies to physicians for prescribing drugs are against the law.  Anti-Kickback Statute, 42 U.S.C. § 1320a-7b. When the drugs are […]

ATTORNEY NEWSLETTER Misappropriation Of Fiduciary Property Alleged Unauthorized Use Of Credit Cards And Blank Checks Victim’s Son Reported Suspicions Powers of attorney (POAs) grant the agents appointed under them full legal authority to act for the principal who executes the POA.  The scope of the appointed attorney-in-fact’s powers is set […]

ATTORNEY NEWSLETTER House Passes Important Measure Access To Courts For Survivors Of Sexual Assault And Harassment Holding Perpetrators And Corporations Accountable The constitutional right to a jury trial is provided by the Seventh Amendment; forced arbitration deprives aggrieved parties of that right.  Corporations, employers and others use forced arbitration clauses […]

ATTORNEY NEWSLETTER Criminal Theft And Breach Of Duty Civil Remedies Of Removal And Damages Enhanced Remedies Under Elder Abuse Act Many Californians, especially seniors, create trusts to hold their assets.  Laws under the California Probate Code govern these trusts.  See Cal. Probate Code §§ 15000-19530.  The individual creating the trust, […]

ATTORNEY NEWSLETTER Allegedly Cashed Out Life Insurance Unauthorized Withdrawals From Joint Account Accused Of Forging Elder’s Signature On Checks According to FBI and National Institute of Justice statistics, older Americans and their families lose more than $3 billion annually as a result of financial elder abuse. While theft from any […]