Legal Question in Elder Law in California
I do in-home nursing and have several clients. One particular couple I worked for decided to move into a retirement facility. I recommended a friend who hosts estate sales to have one for them. She went to their house and picked all the items up (the husband had been a collector of fine items for over 70 years). This was in June, 2017. The estate sale was to commence within a few weeks. Its now October 15 and nothing has happened. Plus, my ex-friend refuses to communicate with my elderly clients and won't give their items back to them. They have placed me responsible for retrieving their items! They want me to go to the Police but after receiving very threatening text messages from my so called friend I'm scared. My clients son is now going to the Police for help in getting all their items back. There was no contract. Just a promise. I have now lost these clients and friends due to this mess. Do we have any legal recourse? Should we contact the Police? Thank you in advance for your help.
2 Answers from Attorneys
Unfortunately, sometimes good deeds go wrong. Despite your good intentions, your "friend" appears to have deprived the elderly couple of their property, which can be a form of elder abuse. It is possible the couple could come after you, because you recommended this person. If you have liability insurance, you should report the situation to them. If they are willing to assign an attorney to you, great, consult with that attorney. Otherwise, you should consult with and probably retain an attorney to advise you during the process.
I suggest you assist the elders in any way you can, including going to the police with them and providing full information about your so-called friend. If you do not cooperate you may be considered to be a co-conspirator should there be any charges or a lawsuit.
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