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California Court of Appeal · 2004

Estate of Lowrie

Published in part. The court held that the granddaughter had standing to bring the elder-abuse civil action and affirmed the judgment.

Case Brief

Background, issue and holding.

Background

Estate of Lowrie arose from allegations that Sheldon Lowrie neglected, isolated and financially abused his elderly mother. The granddaughter, Lynelle Goodreau, challenged conduct that included alleged manipulation of the estate plan, isolation from family members, delayed medical care and transfers of property.

The standing issue

After the elder’s death, the defendant argued that the granddaughter lacked standing to pursue the elder-abuse claim because she was not the person formally serving as executor or trustee. The dispute therefore required the Court of Appeal to interpret who may succeed to an elder’s claim under the Elder Abuse Act and related Probate Code provisions.

The court’s holding

The Court of Appeal rejected the narrow standing argument. It reasoned that a restrictive interpretation could allow an alleged abuser to benefit from the conduct being challenged. Because the granddaughter had a contingent interest in the estate and a strong incentive to pursue the claim, the court held that she had standing under the statutory framework. The judgment was affirmed.

Philip Kaufler’s role

The client-supplied coverage and published opinion identify Philip Kaufler as counsel for Goodreau. The site also includes the related news coverage and public opinion for readers who want the fuller factual and legal context.

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