Only in specific situations. A relative who is the elder or dependent adult in the case can ask for the order personally. A relative filing on someone else’s behalf must hold a role the statute lists, such as conservator, trustee, attorney-in-fact under a power of attorney, or court-appointed guardian ad litem. Being related is not one of those roles.

Who counts as an elder or dependent adult

These orders protect two groups. An elder is anyone living in California who is 65 or older (Welfare and Institutions Code section 15610.27). A dependent adult is a California resident age 18 to 64 whose physical or mental limitations restrict their ability to carry out normal activities or protect their rights, or who is an inpatient in a 24-hour health facility (section 15610.23).

Who may file the petition

Welfare and Institutions Code section 15657.03(a) allows these filers:

  • The elder or dependent adult. A person in either group who has suffered abuse, as defined in section 15610.07, may seek protective orders (section 15657.03(a)(1)). Even when someone else files, the statute treats the elder or dependent adult as the petitioner, the person the order would protect (section 15657.03(b)(4)).
  • Someone acting for them in a listed role. A petition may be brought on their behalf by their conservator or trustee, by an attorney-in-fact acting within the authority of a power of attorney, by a person appointed as their guardian ad litem, or by any “other person legally authorized to seek the relief” (section 15657.03(a)(2)(A)).
  • An interested party, for isolation only. When the petition alleges abuse in the form of isolation, the “other person legally authorized” category includes an interested party, but only to seek an order enjoining isolation (section 15657.03(a)(2)(B)). An interested party is someone with a personal, preexisting relationship with the elder or dependent adult, which can be shown by describing past involvement, time spent together, and other proof of time spent with them (section 15657.03(b)(3)).
  • County Adult Protective Services. The county agency may file if the elder or dependent adult has suffered abuse and has an impaired ability to appreciate and understand the circumstances that put them at risk of harm, or has given the agency written authorization to act (section 15657.03(a)(3)(A)). When the agency files on the impaired-understanding basis, it must refer the case to the public guardian before or at the time of filing, unless a conservatorship petition has already been filed (section 15657.03(a)(3)(B)).

Where a family relationship fits

The list names roles, not relatives. A son, daughter, sibling, or other relative can file for the elder only by holding one of the listed roles or other legal authority, or as an interested party in an isolation case. If the elder signs and files the petition personally, the elder has standing in their own right, even if a relative helped with the paperwork.

A relative who says they were abused themselves is in a different position. California’s domestic violence law covers abuse against a relative within the second degree (Family Code section 6211(f)), so that relative may be able to seek a domestic violence restraining order in their own name. That is a separate case with its own rules.

Questions to ask about a petition against you

  • Who signed the petition, and in what capacity? If a relative filed for the elder, which role does the petition claim?
  • If the claim is conservator, is there a court order appointing them? If it is trustee or attorney-in-fact, what does the trust or power of attorney actually authorize?
  • If the claim is guardian ad litem, did a court appoint them for the elder?
  • If the petition alleges isolation, does it describe a real, preexisting relationship between the filer and the elder, and is it limited to an order enjoining isolation?
  • Is the petitioner actually county Adult Protective Services, and on which basis did it file?

None of these questions decides whether the abuse allegation is true. They go only to who may bring the case, which is a separate question from the merits.

Getting help

If the situation also involves a criminal elder abuse investigation, see elder abuse. Elder abuse orders are one of several civil order types summarized on the firm’s civil protective orders page. If you want to review who filed, what role they claim, and how the allegations hold up, the Law Offices of David S. Chesley can be reached at (800) 755-5174.