Who can file an elder abuse lawsuit in California?

The elder, first: personally or through a conservator, agent under a power of attorney, or guardian ad litem. After the elder's death, the claim survives: under Code of Civil Procedure section 377.30, the personal representative or successors in interest may sue, and the Elder Abuse Act preserves damages for the elder's pre-death pain and suffering.

While the elder is alive, the claim belongs to the elder, who may sue personally or act through someone with authority, a conservator of the estate, an agent under a power of attorney, or a guardian ad litem appointed for the litigation when capacity is impaired. The abuser holding that very authority is no shield; courts and the statutes contemplate suits against fiduciaries themselves. After death, the cause of action survives to the estate under Code of Civil Procedure section 377.30, prosecuted by the personal representative or, if none, the decedent's successors in interest. The Elder Abuse Act then does something unusual: where recklessness, oppression, fraud, or malice is proven by clear and convincing evidence, Welfare and Institutions Code section 15657 allows recovery of the decedent's pre-death pain and suffering, damages ordinary survival actions historically cut off. Heirs may also hold separate wrongful death claims. Deadlines differ by theory, so identifying every proper plaintiff early protects the whole case.

Authority: Cal. Code Civ. Proc. § 377.30