ATTORNEY NEWSLETTER
Evans Law Firm Represents Victims
How Contingent Representation Works
Statutory Awards Of Attorneys’ Fees And Expenses
Evans Law Firm, Inc. represents elderly victims of financial elder abuse and their families in pursuing all persons who financially exploit the elderly. The firm does not defend persons accused of financial elder abuse. We represent whatever party has been injured by the abusive conduct. The abuse may be by caregivers, insurance agents, trustees, financial advisors, second spouses, stepchildren, and others. The victims may be the injured senior if still alive or her or his heirs and beneficiaries if the victim is deceased. Any wrongful takings of a senior’s property, or any assistance in that taking, whether theft of cash, theft by check forgery or altered checks, or unauthorized use of credit or debit cards or online money transfers out of a senior’s accounts are crimes and grounds for civil liability of the person doing the taking and anyone assisting him or her. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse). California broadly defines what constitutes financial elder or dependent adult 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.
If you or a loved one is a victim of financial elder abuse anywhere in the San Francisco Bay Area, call us today at (415) 441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
How Evans Law Firm Helps – Contingent Representation
Evans Law Firm takes on certain cases on a contingent basis, particularly those involving caregiver fraud.[1] With a contingent representation, the client pays little or nothing upfront and we pursue all claims against all those responsible for the abuse and are paid a percentage of the recovery. The firm is paid a percentage of the amount you recover from the abuser. Contingent representation allows you injured seniors or their families to go after the persons who wrongfully took their property without payment of legal fees or retainers upfront.
In any case Evans Law Firm takes, we pursue all remedies available to you. Remedies may include cancellation (also known as “rescinding”) of invalid trust amendments or Wills, double damages based on what an abuser and anyone assisting him or her has taken, and attorneys’ fees. Probate Code § 859; Cal. Welf. & Inst. Code § 15657.5. If a “care custodian” (like a caregiver or someone helping a senior with finances) is the abuser double damages and attorneys’ fees are also recoverable. Probate Code § 21380(d). Remedies might also include compelling a trustee to account for trust assets and to restore to the trust any assets wrongfully taken out of it. Cal. Probate Code §§ 850 et seq. and 17200 et seq. Economic damages and punitive damages are also available to the injured party. Cal. Probate Code § 16440. Trustee misconduct may also constitute financial elder abuse and plaintiffs can pursue the remedies separately available under the California Elder Abuse and Dependent Adult Civil Protection Act, Welf. & Inst. Code § 15600 et seq..
Mandatory Attorneys’ Fees Awards
In financial elder abuse cases and cases involving the misuse of powers of attorney or trust assets, injured parties are entitled to attorneys’ fees and costs from the wrongdoer in addition to recovery of the amounts taken. Cal. Welf. & Inst. Code § 15657.5 (financial elder abuse cases); Probate Code § 4231.5(c)(misuse of powers of attorney); Probate Code §17211(b)(misuse of trust assets).
Contact Us
If you sense any kind of abuse of an older loved one, call us right away. Ingrid M. Evans has years of experience in representing seniors and their families against abusers of any kind, including in-home caregivers. You can reach us at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm takes some cases on an hourly basis. With hourly representation, the client pays an upfront retainer amount and then is billed monthly for work performed. Fee arrangements vary from cases to case and an attorney will discuss possibilities of representation with you before presenting you with an agreement or beginning any work after the agreement is signed.
