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True, hired Caregivers don't need a license. I had one for Mom and she was really good with people suffering Dementia. Only CNAs are certified thru the state.
All you can do is ask for it to be returned explaining that Dad didn't have it to give it away. In my opinion, no Care giver should take money as a gift from a client.
Home caregivers generally don’t have to be licensed.....he gave the money away. Basically all he can do is ask for it back. Even if there is a POA, what’s done is done. It was his money that he still had access to.
What state is he living in? How much money? Was there any contract for services? When did the gifting occur? How do you know it was a gift and not a payment for services? If your FIL is not interested in, disagrees with or not cognitively able to lead this effort and there is no financial PoA assigned, I don't think there's much of a chance. You must also consider how much money is he/family willing to spend on an attorney (and time!) to recover money that the caregiver may no longer have and court may rule against your dad? Unless it is tons of money and the caregiver hasn't skipped town and blown the wad, I'm not sure this is worth pursuing.
Also, your info that, "His caregiver is not licensed to care for the elderly" I don't think has any bearing on anything in this matter unless he was falsely representing himself professionally in some way and this can be proven.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
All you can do is ask for it to be returned explaining that Dad didn't have it to give it away. In my opinion, no Care giver should take money as a gift from a client.
Good Luck and come back and tell us what happens.
Is this person still your dad's CG?
Asking for the money back would probably end up with the CG quitting. I know I would.
Every time my client 'tipped me out' I made sure her attorney-son knew it and approved it. I did not want to get into the same situation you're in.
So, how much and how long ago?
Also, your info that, "His caregiver is not licensed to care for the elderly" I don't think has any bearing on anything in this matter unless he was falsely representing himself professionally in some way and this can be proven.