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We filed a police report and the detective informed us along with the bank that since mom gave her the card to get money from the ATM for her, that is giving permission to have full access to her debit card. She took over $5000.

Using the card outside the scope of consent is illegal. Detectives are lazy and their prosecutor prob thinks they cant get a conviction. Demand at least a report be filed, then get yr a copy which will have suspects info in it. Use that info to get a civil case started. Also, call the lieutenant and complain. Its dereliction of duty to refuse to take a criminal complaint. In law enforcement it's called KICKING THE CALL.
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gdaughter Jun 29, 2020
Ah ha! That's what I would have thought!
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What proof that the CG had permission? She might have just stole it & used it for herself. If patient did indeed give her an atm Debit card & withdrew $5,000, then there would be a receipt with remaining balance. The bank has cameras...have them get pictures of Caregiver withdrawing $$$. Also file police report. & lawsuit against agency. These cases make me want to scream. I hope caregiver goes to jail for a long time. Put credit freeze on reporting agencies like Equifax. Report card stolen & talk to them about what happened so you can possibly get it back, which I doubt. Hugs 🤗
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Reply to CaregiverL
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What is clear here is that the card should not be in her care. This is a she said /she said and there can be no proof. Stop the ATM withdrawals. Do POA leaving a small spending account for the person if she is incompetent to handle money. This could be the beginning of big problems you need to get stopped.
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Reply to AlvaDeer
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I would not rely on police for a legal opinion.   They may be saying there is no criminal action, when you are more likely concerned about a civil action. 

I assume these withdrawels took place over a period of time -- my bank wont let me tak out 5K at one time.  

I agree, consult with attorney.  The company may have bonded/insured employees so I would not let go without trying.
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JoAnn29 Jun 26, 2020
I agree, police are not lawyers. And their training is not such that they know every law on the books. Usually experience is how they learn.
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The caregiver agency that I used would not let employees take my mom to an ATM or let the employee use the ATM card on their own. At first I was angry since going to the bank for mom to get cash was something I needed the agency to do but then I thought about it more. Check with the agency about their rules.
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Reply to mikejrexec
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The CG took $5000 and kept it? I imagine you have not seen her since.

If your mom has any cognitive issues that could be in her 'favor' as to getting the money back.

I worked Elder Care and did use my client's card to purchase things but she was always right there to see me do it. To take her card to a bank and get such a sum would have set off all kinds of alarms!!

I DO think the CG agency has some responsibility in this--they hired and bonded her, right?

Just my opinion, but when I worked in EC, we had to have receits and documents of all kinds for ANY money spent while with the client.
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Reply to Midkid58
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I agree with JoAnn, but also wondering if your mom has been diagnosed with any cognitive issues and if so, did the agency have this info in their file for her? Because if they did, then the CG also must have known it. FYI I believe that stolen amount is a felony...I wish you success in recovering the money!
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Reply to Geaton777
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Giving permission to retrieve money from an ATM to give to mom is not the same as giving full access to take what you want.
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Reply to MammaDrama
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You know, based on my parents experience with something like this, I think the issue here may be that you can’t prove the intent. While it may seem cut and dry, it’s really not. Because your mom DID give the caregiver permission. In my parents situation, my brother who was a meth addict at the time, stole my mother’s debit card in the middle of the night, over the course of at least a week, and drained the account by withdrawing the daily maximum amount ($300 at the time) from an ATM machine. My parents called the police and went to the bank. The bank said too bad, you are out the money because at one point in time, my mom had given my brother (and I) her debut card and allowed us to withdraw $20-$40. This was before my brother became a drug addict and a criminal. The police arrested him and he was convicted and did some time.

My question is, did the detective send the case to the DAs office? It’s the DAs office that determines if charges will be filed. You need to find out if the DA declined to file charges.
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Reply to worriedinCali
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ShenaD Jun 29, 2020
Proving intent is not an element in this case. Also, cognitive issues AND also an elderly person makes the charges a crime with a stiffer sentence. This is not a civil case but it can be if law enforcement wont do their job. Any officer that tells you different is lazy. Also, it is a REQUIREMENT of a police officer to know the law, not experience-learning.
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That is correct. Any time you give your card to anyone to use you are essentially compromising your own card/account and are not covered for fraud. That being said though, you can go through small claims court to try and recover the funds back. Moving forward you could use prepaid cards to minimize risk. So sorry that this has happened to your loved one.
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gdaughter Jun 29, 2020
Which brings up another point: using the ATM directly would require being told/given the password. Lesson for us all to have our cards set with lower limits and be debit only maybe?
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