Estate of Lowrie — Standing in Elder-Abuse Litigation

Granddaughter has standing to sue uncle for elder abuse of grandmother.

Summary

2nd District California Court of Appeal, Division 3

Laura Lowrie had three children, including Sheldon Lowrie, and a granddaughter, Lynelle Goodreau. Under Laura’s will, Lynelle would receive a house, and the remainder of the property would be left to Sheldon and his two siblings. In 1992, Laura amended the will to leave the majority of her property to Sheldon. Laura died in 1999. Lynelle sued Sheldon for elder abuse, contending that he manipulated Laura to amend the will. Lynelle contended that Sheldon locked Laura in her house, delayed medical care and prevented her from making telephone calls. A trial court ruled that the amendment was void and awarded Lynelle almost $1 million. On appeal, Sheldon argued that Lynelle lacked standing to sue.

Affirmed. After the death of an elder adult, the personal representative of the decedent or the person entitled to succeed to the decedent’s estate has standing to sue for elder abuse. Sheldon argued that only he and his two siblings had standing under this rule. However, such a restricted interpretation defeats the purpose of the elder abuse statute, which is to deter abuse. This purpose is served by permitting interested persons, such as Lynelle, to have standing. Further, Lynelle had a contingent interest in the estate that provided her with a strong incentive to pursue the lawsuit. Any other conclusion would discourage interested persons from bringing elder abuse lawsuits. Certified for partial publication.