Los Angeles, CA asked in Nursing Home Abuse for California

Q: Does the whole family need to be a part of a nursing home lawsuit, or can one member file if they want?

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2 Lawyer Answers
Randall R. Walton
Randall R. Walton
PREMIUM
Answered
  • Nursing Home Abuse Lawyer
  • San Marcos, CA
  • Licensed in California

A: It depends. If the nursing home resident is living, then usually that person is the only person who can bring a suit for nursing home neglect or abuse. If the person has died as a result of poor treatment, and there is a case for wrongful death, then California law requires that certain heirs be part of the suit. You would be well advised to consult with a lawyer on the subject.

Travis Kendall Siegel
Travis Kendall Siegel
Answered
  • Nursing Home Abuse Lawyer
  • Tustin, CA
  • Licensed in California

A: It depends. If the case involves a death, all heirs who can inherit by statute must be included. They can be included as nominal defendants, but they still must be named. They don't have to agree with the lawsuit. Obviously, it's better if everyone is on the same page, but sometimes this doesn't happen. If the victim is still alive, one person can file as Power of Attorney, Guardian ad Litem, or Conservator for the abuse victim. Not all family members need to be named if the victim of abuse is still alive.

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