Legal Question in Securities Law in California

Cheating or defrauding an elderly person unable to look after their own affairs is a serious civil offense and the Welfare & Institutions Code contains stricter standards and tougher civil penalties for such elder abuse. It can also be criminal.

There is, however, a requirement that the person bringing a lawsuit have what is called "standing" or "legal standing" to bring the suit. Ordinarily, only the so-called "real party in interest" has standing to bring a lawsuit. That would be the elderly person herself, or if the person has a conservator, the conservator.

There is a provision of law, Welfare & Institutions Code section 15657.3, that broadens the eligibility to bring suit somewhat, since sometimes the person with standing to sue, e.g., the conservator, may be the person who is committing (or condoning) the abuse.

Your first step should be, therefore, to confer with an attorney that specializes in elder law, to inquire whether you can establish legal standing to sue the abuser on behalf of the abused. If you are a family member, perhaps you can sue. In addition, there may be some other action you can take to protect the elderly person in question. More facts, such as your relationship to the victim, would be very useful.