Where should an elder abuse case be filed?
The Elder Abuse Act gives the Probate Court “concurrent jurisdiction” over civil actions which include remedies under the Act, but only if a conservator has been appointed. (Welfare & Institutions Code ”15657.3(a).) The complaint should reflect that there is a conservator and show in the prayer all those enhanced damages being sought, including punitive damages (if available under the facts), and attorney’s fees and costs. While there is an advantage of filing in probate court, in that the court is more likely to be educated about issues affecting elders, it is important to know that there is no right to a jury trial under conservatorship proceedings. (Probate Code ”7200.) TTTT The law firm of Mulligan & Banham in San Diego, is available for referral of elder abuse and medical malpractice cases. We have the experience and resources to gain quick medical review of records for case evaluation. For more information, please contact Elizabeth Banham at the firm: 2442 4th Avenue, San Diego
