ATTORNEY NEWSLETTER
Financial Elder Abuse
Financial elder abuse is an epidemic throughout the country and San Mateo County is no exception. A recently published local story revealed that a financial abuser had taken roughly $350,000 in electronic transfers from an 84-year-old San Bruno resident over a period of months.[1] The victim had never set up any online banking services, and did not own a computer. The abuser faces felony criminal charges.
Local law enforcement is targeting elder abuse in San Mateo County in a major way. Over the past few years, the San Mateo County District Attorney’s Office partnered with Aging and Adult Services, the Public Guardian, and County Counsel to form a County-wide elder and dependent adult protection initiative, EDAPT (Elder and Dependent Adult Protection Team). The financial elder abuse attorneys at Evans Law Firm Inc. encourage you to contact EDAPT whenever you suspect elder abuse in San Mateo County or law enforcement in whichever California county a financial elder abuse victim resides.
But you should also pursue civil remedies immediately and the California financial elder abuse attorneys at Evans Law Firm, Inc. can help. If you or someone you know is suffering from financial elder abuse in San Mateo County or elsewhere in California, call us today at 415-441-8669.
Who Is At Risk and What Does Financial Elder Abuse Look Like?
Over 90% of the elderly who are abused know their abusers. This is one of the reasons that elder abuse is underreported, and it is one of the many challenges with elder abuse cases in general. Financial elder abusers include caregivers, trustees, advisors, family members, persons acting under Powers of Attorney, insurance agents, and lenders. Abusers also include scammers who contact the elderly via phone or email asking for money, or fake love interests over the internet. The San Mateo County and California financial elder abuse attorneys at Evans Law Firm, Inc. have experience pursuing actions in San Mateo County and throughout California against all these different types of abusers.
Criminal and Non-Criminal Abuse
While financial elder abuse is often criminal, financial elder abuse may also be financial exploitation of a senior that falls short of criminal conduct. For example, an insurance agent or financial advisor may sell a senior insurance policies or annuities resulting in large sales commissions, a trustee or other fiduciary may put their own interests before those of an elder settlor or principal, or an attorney-in-fact operating with a senior’s Power of Attorney may exploit the Power of Attorney for his or her own gain. California law defines financial elder abuse broadly: any “taking” of a senior’s property for a “wrongful use” constitutes financial elder abuse in our State. Anyone who knowingly “assists” in the taking is also an elder abuser under the law. We at Evans Law Firm represent seniors in San Mateo County and throughout California who have been the victims of financial exploitation by any kind of actor. We work on financial elder abuse cases every day. Call us at (415)441-8669 when you first suspect a problem.
Remedies and Prevention
If you’re a senior or the loved one of a senior be cautious in all financial matters. Know that anyone could be a potential financial predator. Report financial elder abuse to the authorities when you first suspect but also seek counsel to pursue all available remedies under California law including the mandatory award to you of attorneys’ fees for bringing your case.
Seek the advice of people you trust. Do not share confidences and personal matters with people you do not really know. Do not relinquish authority by a Power of Attorney to anyone unless it’s someone you completely trust. Make sure checks are kept in a safe place. If in-home care is required, do a thorough background check on anyone before hiring them. Dependent seniors are often victims of financial elder abuse by caregivers. Keep an eye out for strangers who suddenly become over-involved in a senior’s daily life. Don’t respond to door-to-door or phone or internet solicitations for money; these are the most recurring types of financial elder abuse. Lastly, if you’re a senior, don’t isolate; let loved ones and longtime friends and professionals help you just as you helped them in your younger years. If you’re the loved one of a senior stay involved and maintain daily contact.
Contact Us
If you or a loved one been the victim of financial elder abuse in San Mateo County or elsewhere in California, contact financial elder abuse attorney Ingrid Evans and the other Evans Law Firm financial elder abuse attorneys at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with all types of financial elder abuse, investment and securities fraud and annuity fraud. We can guide your case through a jury trial, through a FINRA arbitration if required when the abuser is a broker or financial advisor, or toward an equitable settlement. We handle cases involving financial elder abuse, qui tam and whistleblower law, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
