Lickter

The primary issue in this case is who is entitled to commence and/or maintain an elder abuse action after the elder who was allegedly abused has died. Generally, “the right to commence or maintain [such] an action . . . pass[es] to the personal representative of the decedent.” (Welf. & Inst. Code, § 15657.3, subd. (d)(1).) However, “[i]f the personal representative refuses to commence or maintain an action or if the personal representative’s family or an affiliate ... is alleged to have committed abuse of the elder” (italics added), then the Legislature has granted “standing to commence or maintain an action for elder abuse” to “[a]n intestate heir whose interest is affected by the action,” “[t]he decedent’s successor in interest,” or “[a]n interested person, as defined in Section 48 of the Probate Code [with certain limitations not applicable here].” (Id., subd. (d)(2) & (1).)

Here, plaintiffs Joshua and Jezra Lickter sued their father (Robert Lickter), their half sisters (Maggie and Kate Lickter), and their half sisters’ mother (Mary McClain) for elder abuse and other related causes of action that had belonged to their grandmother (Robert’s mother), Lois Lickter, when…