Standing In California Elder Abuse Cases Is Broadly Construed

Written by Adam Peck Category: Elder Abuse March 28th, 2013 5 min read

The Elder Abuse Act and the Standing Provision, Welfare and Institutions Code section 15657.3, subdivision (d).

“The purpose of the [Elder Abuse Act, (Welf. & Inst.Code, § 15600 et seq.)] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33, 82 Cal.Rptr.2d 610, 971 P.2d 986; Buhai & Gilliam, Honor Thy Mother and Father: Preventing Elder Abuse Through Education and Litigation (2003) 36 Loyola L.A. L.Rev. 565, 569.)

Reporting and Criminal Prosecution

Originally, the Elder Abuse Act was designed to encourage the reporting of abuse and neglect of elders and dependent adults. (Delaney v. Baker, supra, 20 Cal.4th at p. 33, 82 Cal.Rptr.2d 610, 971 P.2d 986; Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 779, 11 Cal.Rptr.3d 222, 86 P.3d 290; ARA Living Centers-Pacific, Inc. v. Superior Court (1993) 18 Cal.App.4th 1556, 1559, 23 Cal.Rptr.2d 224 (ARA Living Centers).) It also provided for criminal prosecution of such cases. (E.g., Pen.Code, § 368.) However, elder abuse lawsuits were seldom pursued as few attorneys would handle the cases, partially because survival statutes did not permit compensation if the elder died before a verdict was rendered Then, the Legislature shifted the focus. The statutory scheme was modified to provide incentives for private, civil enforcement through lawsuits against elder abuse and neglect. (Covenant Care, Inc. v. Superior Court, supra, at p. 779, 11 Cal.Rptr.3d 222, 86 P.3d 290; Delaney v. Baker, supra, at p. 33, 82 Cal.Rptr.2d 610, 971 P.2d 986; ARA Living Centers, supra, at p. 1560, 23 Cal.Rptr.2d 224.)

Subject to statutory criteria and limitations, the statutory scheme now permits heightened remedies. These include pain and suffering damages even after the abused elder dies, punitive damages, and attorney fee awards. (Welf. & Inst.Code, § 15657; Covenant Care, Inc. v. Superior Court, supra, 32 Cal.4th at pp. 778-780, 11 Cal.Rptr.3d 222, 86 P.3d 290; Delaney v. Baker, supra, 20 Cal.4th at pp. 33, 35, 82 Cal.Rptr.2d 610, 971 P.2d 986; Moskowitz, Golden Age in the Golden State: Contemporary Legal Developments in Elder Abuse and Neglect (2003) 36 Loyola L.A. L.Rev. 589, 605-606.)

Welfare and Institutions Code section 15657.3, subdivision (d), delineates who has standing to bring an elder abuse lawsuit after the death of an elder or dependent adult. Welfare and Institutions Code section 15657.3, subdivision (d) states: “Upon petition, after the death of the elder or dependent adult, the right to maintain an action shall be transferred to the personal representative of the decedent, or if none, to the person or persons entitled to succeed to the decedent’s estate.”

The Legislature did not define the operative words in Welfare and Institutions Code section 15657.3, subdivision (d). However, when Welfare and Institutions Code section 15657.3 was added to the statutory scheme (Stats.1991, ch. 774 (Sen. Bill No. 679), § 3) the Legislature specified that the Elder Abuse Act was intended to “enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults.” (Welf. & Inst.Code, § 15600, subd. (j), italics added; added by Stats.1991, ch. 774 (Sen. Bill No. 679), § 2.) This statement of legislative intent suggests the Legislature intended a broad definition of standing in the context of elder abuse cases.

Any definition given to Welfare and Institutions Code section 15657.3, subdivision (d) must be sufficiently elastic to fulfill the purposes of the Elder Abuse Act. A decision as to whether a person has standing may be intertwined with other issues in elder abuse cases. This approach is consistent with the one taken to determine who is an interested person entitled to file petitions for probate. (Prob.Code, § 48 [defining standing to file probate petition requires flexible approach]; Prob.Code, § 8000, subd. (a); Arman v. Bank of America (1999) 74 Cal.App.4th 697, 701, 88 Cal.Rptr.2d 410 [under the Probate Code, who is an interested person for purposes of standing is fluid concept and is often necessary to resolve the substantive claim to the parties’ relationship prior to deciding standing issue];

Standing for purposes of the Elder Abuse Act must be analyzed in a manner that induces interested persons to report elder abuse and to file lawsuits against elder abuse and neglect. In this way, the victimized will be protected.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care. Our experts and our attorneys have superior knowledge and know-how in handling these type of matters from inception to Trial if need be. You will receive superior representation and, of course, the best possible result based upon our know-how and expertise.

Call us Now. THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll-free at (866) 999-9085

– from Steven Peck, Senior Attorney at Peck Law Group

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.