Asked in Uncategorized for California

Q: Can I sue my paid caregiver for my missing personal property

My nephew was a paid caretaker start taker starting when I went into the hospital when I got out of the hospital I moved in with him so he could help me He had told me all of my personal ipersonal items from my apartment were put away safe but every time I ask he just put me off, comma he was kicked out of the house by adult protective services but because he stole about $30000 from my bank account which he is being charged with criminal charges but the district attorney did not charge him for my personal property because they said they just wanted to hit him with the big felonies that they knew they could easily prove, comma many of the items missing are irreplaceable well including my late wife's Ashes So I would like to Sue him in court even though I may not be able to collect lack it's just a principle Bo that I paid him every month and he either threw away or sold my stuff

i am 71 yrs old and the value of property is over $10,000 , i will pay attorney fees just for principal

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Yes, you have been the victim of Elder Abuse, it appears, although you did not state your age. If over 65 you have additional protections at law. So, here are two problems with your case: 1. If the property you are addressing is worth under $10,000, then you are in Small Claims J/D. No attorneys, quick hearing date. But no attorney. 2. If you are not interested in collection of the money or your Nephew is a deadbeat and no collection from him, then you are not likely to find a private attorney to work for you unless you pay them. Legal Aide might assist you, check your local County Bar association for a list of public interest firms that could assist you. Best if you contact a local attorney to discuss your situation.

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