Blog

I’m often asked about who has the standing to bring financial elder abuse actions. Under Code of Civil Procedure §367, “[e]very action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.” If a person who lacks standing files an elder abuse claim, the claim may be subject to dismissal.

Settlors frequently choose successor co-trustees to act after they are no longer able to administer their own trusts. Rather than picking one of their kids to serve as sole successor trustee when they die or become incapacitated, Mom and Dad often appoint two or more of their children to act together as successor co-trustees.