Probate,
Family
Dec. 28, 2021
Appellate ruling clarifies standing to bring elder abuse claim
Where an elder is both the beneficiary a personal representative of a probate estate, he or she has standing to bring a claim of financial elder abuse in his or her individual capacity.
The Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code Section 15600 et seq.) was enacted to protect an elder who is wrongfully "deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder." Section 15610.30(c). What if (i) the elder is both the beneficiary and personal representative of the decedent's est...
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