There are more than four million residents age 65 or older in California, making it the most senior-populated state in the nation. As California’s senior population keeps growing, the state has enacted laws and programs to protect and assist seniors as they face new challenges. Majority of the laws designed to protect seniors are found in the state’s Elder Abuse Act. Its purpose is to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse, neglect, and abandonment.
Elder abuse is present in various forms. One of the major concerns addressed by the Elder Abuse Act is financial abuse. Financial abuse of an elderly person occurs when all of the following are present:
1) Person X took or appropriated the senior’s property or money;
2) The senior was 65 years old or older at the time of the conduct;
3) Person X took or appropriated the senior’s property or money for wrongful use
4) The senior was harmed; and
5) Person X’s conduct was a substantial factor in causing the senior’s harm.
Under the law, Person X can be an individual, or an entity such as a business like an insurance company. The abuse may be perpetrated by someone the senior trusts, even a relative, or a complete stranger who is pretending to help the senior organize the senior’s financial affairs. Some of the most common financial abuse seniors face are from "financial advisors" who claim to be "senior specialists." These persons or entities really only have one goal: to part the seniors from their hard-earned retirement money.
Seniors should be especially wary of those who claim to be "specialists" offering insurance and financial advice. Some of these persons use senior-related titles and designations and claim to be "experts" in senior-related matters. These persons or entities may not have any relevant training or experience and their fancy title may just be a marketing ploy to get the senior’s business.
A new law now prohibits insurance brokers and agents from using a "senior designation" to mislead consumers. Senior designations may include "retirement specialists" or "retirement advisors." Insurance brokers and agents can no longer use any senior-related certification, credential or professional designation unless such usage meets the criteria approved by the California Insurance Commissioner.
Seniors who are victims of misconduct prohibited by the Elder Abuse Act may recover the value of their lost money or property, emotional distress, attorneys’ fees and costs. If the conduct is reprehensible, the seniors may also recover punitive damages.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
( Published on May 23, 2009 in Asian Journal Los Angeles p C3 )
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