By Ron Sokol, Ask the Lawyer
09/15/2008
Q uestion: We have a neighbor who is almost 90. We are convinced her caretaker is ripping her off, but none of her kids live in California. Who can bring an action, if the elderly person is reluctant or unwilling to do so?
- G.B.
Hermosa Beach
Answer: The Elder Abuse Act is remedial in nature, created in part "to enable interested persons to engage attorneys to take up the cause of abused elderly persons." Unfortunately there is no definition of "interested persons" in the statute, and, unless the Legislature acts to change that, the elderly person must act on his or her own.
There are some exceptions, such as if the elderly person has a recognized legal representative (such as a guardian ad litem or conservator); or, the assets are in a Trust and the Trustee can take up the battle; or, if the individual has passed away, then the personal representative (the person in charge of his or her property) could have standing.
It you are convinced wrongful conduct is taking place, such as theft, you may want to talk it over with the local police. Also, I know it can be "touchy" to get involved in someone else's affairs, but letting one or more of the children hear what you believe is happening would be something to seriously consider as well.
SOURCE: Daily Breeze - Torrance,CA,USA
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