Question

Can I sue for elder financial abuse in California?

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Kimberly D. Neilson - Elder Law - Super Lawyers

Answered by: Kimberly D. Neilson

Located in San Diego, CAFrisella Neilson, APC

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Answer

Suing for financial elder abuse requires first that the claimant is in a legal position to make a claim — he or she must have standing to sue. An elder who is the victim of financial elder abuse generally has standing to sue the company or individual to recover the loss.

If the elder is living but not in a position due to mental or physical incapacity to file a claim, his or her trustee or conservator may stand in the elder's shoes to make the claim.

If the elder has passed away, who can sue may become complicated but generally, the trustee of the decedent's trust or administrator of his or her estate will have standing to sue the alleged wrongdoer.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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