Lickter v. Lickter

Opinion

ROBIE, J.

The primary issue in this case is who is entitled to commence and/or maintain an elder abuse action after the elder who was allegedly abused has died. Generally, “the right to commence or maintain [such] an action . . . pass[es] to the personal representative of the decedent.” (Welf. & Inst. Code, § 15657.3, subd. (d)(1).) However, “[i]f the personal representative refuses to commence or maintain an action or if the personal representative’s family or an affiliate ... is alleged to have committed abuse of the elder” (italics added), then the Legislature has granted “standing…