My neice opened a credit card in my mother's name and has run the balance up to $562. She lives in a different state. How do we prosecute her for identity theft long distance?

Report this to the credit card company as identity theft and refuse to pay. They will investigate and close the account. Then if your mother wishes to press charges, report to your local police department and let them work it for you.

A mess indeed! So sorry to hear about the passing of your brother and that your irresponsible neice has put you and your mother through this. As chad mentioned above, close the account. In addition report it to the local (FL) authorities....there may be more fraud to come.
Do you have the PoA for your Mom? Check all her bank accounts and get a credit report (1 copy per year is free and you will get copies from the 3 credit companies). If you find anything unusual, place a "fraud alert" on her credit account. This way, no one can take a loan out or access her credit ratings without her permission. I believe it lasts 90 days...then, you can put another one on after that.
Make sure to remove any valuables from your Mom's house and take important paperwork with you...then, evict the freeloader.
Good luck.

Thank you so much for your response. When I called the credit card company, I told them this was identity theft, we were not going to arrange to make payments and wanted the account closed. I was informed that my mom had to pay the account off and then request the account be closed. In other words, my neice could just pay it down some and keep on using it. That is crazy! They are sending copies of the statements on the account. When I get those, I will call back and talk with a supervisor. My mom actually suggested calling the local police department, since they also have a history on my niece. To date she has scammed my mother out of $33,000+. My mom wouldn't prosecute in the past because of my niece's two kids, but she is ready to prosecute her now.

You do not have to pay anything! Don't be conned by the credit card company. You may want to ask to speak to the fraud department. Just curious what the name of the credit card company is? Make a note of your call and that you have told them to close the account. They have no authority to keep the account open.

Your mom is right - Talk to your local police department. You will have to file an identity theft report to be able to provide a copy to the credit card company as evidence that you are not trying to scam your way out of the credit card charges. Sad, but true that many people try to do this. Look online for the police department; identity theft/credit card fraud/check fraud is so rampant that many jurisdictions have a reporting form on the police department website (our city does). If the account is in your mother's name, the credit card company cannot refuse to put a freeze on it (even if they won't close it) while the fraud investigation is in place. Tell them this is to protect them for additional fraudulent charges (and use that word). If they still won't, ask for their "Agent of Service". This is the person who will legally be sent paperwork for a lawsuit for the credit card company not following the credit card legislation in the states/federal system. The credit card companies do these things to try to bully responsible people into paying for charges that scammers push through (the scammers don't care). The local police department will coordinate investigation into the credit card fraud. Contact all 3 credit bureaus - you have no idea what else the niece has done that has not shown up yet.
Helen

Wow, everyone is so helpful. Makes me feel like I am not in this boat alone. I will take everyone's guidance with me when I make the trip to the "hornet's nest" at the end of the month. Chad, it is Capital One. Again, thank you all!

ooooooooh Capital One is the worst (IMHO). I signed up for a card...it got stolen in transit....then I had to explain, to the fraud dept, in writing, that I had not gone on a shopping spree in Brooklyn ......I LOVE Amex....whenever I have had an issue with a retailer, their customer service was amazing

Lillput, I totally agree with you. We learned our lesson about Captial One years ago. And yes, Amex is our only card. Thank you.

If you call capital One Fraud Dept. 1-800-215-0921, or your mother calls. They will freeze the account/close it and will investigate. Absolutely in the interim, you pay nothing. It is easy to stop the use and freeze/close and pay nothing. I agree with others that the fraud may not be isolated. Wishing you success. If you receive any objection, persist. i don't think you will have any difficulty.

Thank you Chad. I will get right on it. Everyone has made this so much easier and I cannot express my gratitude enough.