Southern Nevada is home to a significant elderly population, with 12-15% of its residents aged 60 or older. Recognizing their vulnerability to financial exploitation, Nevada law provides specific protections. Under NRS 41.1395, an elder (defined as anyone 60 years or older) who loses money or property due to exploitation can sue the exploiter. Notably, the exploiter can be held liable for double the value of any lost assets.
Can I Sue on Behalf of an Elderly Parent?
It’s common for children or close relatives to suspect that an elderly person is being exploited. This could be by another family member, a caregiver, or someone else close to them. If you’re in this situation, you might wonder if you can file a lawsuit on behalf of your elderly parent, especially if they’re unwilling or unable to do so themselves, or if they have passed away.
The primary question here is: who has the legal right to protect the elder’s assets by filing a lawsuit? The elder themselves can certainly initiate legal action. But what if they can’t or won’t do so?
The 2015 Nevada Court of Appeals case, Echevarria v. Echevarria provides some guidance. In this case, Michael Echevarria sued his sister, alleging she exploited their mother, Jean. Michael’s standing to file the lawsuit was challenged, with the argument being that he wasn’t legally authorized to file on Jean’s behalf.
The Court’s Ruling: Who Can File a Claim
Analyzing NRS 41.1395, the Court of Appeals clarified that the elder or their official representative has the authority to file a lawsuit for elder abuse. This means an executor, administrator, or guardian could file the claim, as per NRCP 17(a), which requires the “real party in interest” to initiate the lawsuit. Since Michael wasn’t Jean’s guardian, executor, or administrator, the court ruled he couldn’t file the elder abuse lawsuit and dismissed this part of his claim.
While Echevarria v. Echevarria remains an unpublished decision and not binding legal precedent, its logic is sound and likely to be followed by local courts. It establishes that to sue for elder abuse or exploitation, one must either be the elder in question or act in an official representative capacity, like a court-appointed guardian or estate executor/administrator.
This ruling could create a problem when the representative is doing the exploiting. They certainly won’t sue themselves for their misconduct. However, if the misconduct can be proven, they can be removed as a representative and another concerned party could then be assigned and then a case for elder abuse could be brought. This is a painful, and time consuming, extra step but it does allow for rectifying these situations.
In summary, Nevada law offers strong protections for the elderly against financial exploitation. Elders themselves can sue exploiters, and in cases where they are unable or unwilling, only their legal representatives have the standing to file such claims. If you’re concerned about potential elder exploitation and unsure about the legal steps, it’s advisable to consult with an attorney at Clear Counsel Law Group who can guide you through the process and help ensure the elder’s rights and assets are protected.