Tepper v. Wilkins

Other than the elderly person, herself, only her court-appointed guardian may sue on her behalf under the Elder Abuse and Dependent Adult Civil Procedure Act.  Tepper brought this action on behalf of her 88-year old mother, alleging that Tepper’s siblings, who were trustees of the mother’s living trust, were committing financial abuse of an elder by misusing the trust’s assets.  The defendants demurred, claiming Tepper had no standing to represent the mother, and the mother, through her own counsel, joined the defendant siblings on their demurrer.  Held, suit was properly dismissed.  A personal representative may sue for the elderly person under the Elder Abuse and Dependent Adult Civil Procedure Act.  A personal representative, while the elder is alive, is a guardian, appointed by a court.  Not having been appointed her mother’s guardian, Tepper had no standing to bring suit in the mother’s name or on her claims.

California Court of Appeal, Second District, Division 7 (Perluss, P.J.); April 19, 2017; 2017 WL 1398496

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