© 2017 by Benjy Law Corporation, a California professional corporation.

The blog posts on ElderLitigant.com are not intended as legal advice and do not evidence or create any attorney-client relationship. Rather, these blog posts are exclusively for marketing and informational purposes and are intended as a legal newsletter. No representation is accepted by Benjy Law Corporation without the execution of a formal engagement agreement,.

  • Facebook Social Icon
  • Twitter Social Icon
Please reload

Recent Posts

Churning: Financial Abuse of the Elderly in the Insurance Context

July 21, 2017

1/1
Please reload

Featured Posts

When can someone sue on behalf of an elderly person?

May 24, 2017

 

"The Elder Abuse Act ... authorizes an action to be brought not only by the elder, but also by the elder's 'personal representative' when the elder is alive but 'lacks capacity under section 812 of the Probate Code, or is of unsound mind, but not entirely without understanding, pursuant to [section 38] of the Civil Code . . . .' Under those circumstances the elder's personal representative may demand return of property on the elder's behalf and, if unsuccessful, may bring an action for damages and other relief."  

 

"'Personal representative' is defined as 'a person or entity that is either' '(1) [a] conservator, trustee, or other representative of the estate of an elder or dependent adult' or '(2) [a]n attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.'"

 

"An action may also be brought by the elder's personal representative after the elder's death."

 

(Tepper v. Wilkins, et al., California Court of Appeal, 2nd Appellate Dist. (Div. 7) (Case No. B269900) (emphasis added; internal citations omitted).  [The opinion was filed on April 19, 2017.])

 

Effectively, this means that under certain, limited circumstances, someone other than the abused or defrauded elderly person can file a lawsuit on behalf and for the benefit of the real party in interest (i.e., on behalf of the aggrieved senior).

 

 

Share on Facebook
Share on Twitter
Please reload

Follow Us
Please reload

Search By Tags